POT SMOKER'S SUIT

SAN MARCOS -- It was windy on that January day, and Bryan Anderson had
never tried so hard to light a joint.

Standing before television cameras and a crowd of about 100 people, the
Southwest Texas State University student finally lit his hand-rolled
marijuana cigarette, took a long drag and within moments was arrested by
university police and whisked off to the Hays County Jail. Since that day
20 months ago, when he staged a public protest against SWT's student drug
policy, Anderson has missed a year of school, lost his financial aid and
spent two days in jail. And his crusade has only begun: Anderson filed a
lawsuit against the university earlier this month for its handling of his
two-semester suspension and is seeking a court injunction to stop SWT from
enforcing its zero-tolerance policy.

Administrators shrug off the suit, saying their policy of automatic
suspension for students caught with drugs may be strict, but it is both
appropriate and just. They say only a few students have ever complained
about the policy.

On the surface, Anderson, 23, looks like the average college student. He
wears T-shirts, shorts and sandals. His hair ranges halfway down his neck.
He likes live music and works part time at a local pizza place. He is a
geography major.

He is also an activist and a marijuana smoker. His No. 1 cause since
arriving on campus three years ago has been to fight against the
university's zero-tolerance drug policy, which he says is unfair and
unconstitutional.

"I definitely don't get anything out of this," Anderson said. "I didn't do
this for myself. It doesn't glorify me. If anything, it caused more
difficulties in my life. It was something I felt strongly enough about that
I thought I could make a difference."

But Anderson, who grew up in Sherman, a North Texas town that doesn't allow
alcohol except in private clubs, is merely the latest to carry the torch of
a student campaign started at least five years ago when the student
government passed a resolution requesting the university to rescind the
drug policy. The request was refused.

Then students presented the university with a petition with 2,000
signatures -- 10 percent of the student body -- again requesting that the
policy be dropped. Again the university refused, students say.

The zero-tolerance rule, adopted by the Texas State University System a
decade ago, mandates a minimum suspension of more than one semester, and
often two semesters, for possession of any usable amount of drugs. Students
caught smoking one joint are automatically suspended, usually for two
semesters, administrators say.

"Sometimes, they're just young kids who make mistakes," said Vincent
Morton, assistant dean of students and coordinator of student justice.
"(But) if they come in and they say they used (marijuana), it's two
semesters -- no exceptions. It's a hard pill to swallow sometimes, but
that's the rule, and you have to be consistent."

Nine of every 10 students suspended under the rule are guilty of possession
of less than two ounces of marijuana, an amount law enforcement usually
considers to be for personal use. In the state's criminal justice system,
possession of less than two ounces of marijuana, a Class B misdemeanor,
carries a maximum sentence of 180 days. But police say it rarely results in
jail time if it's a first offense and often can be expunged from a person's
record.

Drug possession is the only violation of the student code with a mandatory
punishment.

"It's a one-size-fits-all policy," said David Sergi, a San Marcos attorney
who has taken on Anderson's case without payment but could recover his fees
if Anderson wins. "Don't take a machete and cut off a year of a student's
education when a slap on the wrist will do. . . . We're not talking about
big-time drug dealers. We're talking about kids with very small amounts."

At the University of Texas, a student determined to be in possession of a
small amount of marijuana is rarely suspended, officials say. Instead, the
student would usually be given probation and kicked out of university housing.

The zero-tolerance policy at SWT may be harsh, officials say, but it works.
None of those found guilty of drug use have repeated the offense. But more
than half of the 55 students suspended for drug use at SWT in the past two
years have never returned, administrators say.

"The policy is meant to be a human policy in that it's intended to have
teeth but it's also intended to give the president and the university
flexibility as far as enforcement," said Fernando Gomez, vice chancellor
and general counsel for the Texas State University System.

Several years ago, the Board of Regents amended the policy to allow the
university president to probate a suspension. That option has never been
exercised at SWT.

Morton and other SWT administrators are careful not to judge the policy.
They also don't defend it. They say they simply follow the rules.

As for Anderson, officials say there should be no question as to his guilt
and punishment.

"This is not a kid caught innocently experimenting with drugs," Gomez said.
"This is a kid that, flaunting the rules, stood on campus at high noon . .
. and smoked a (marijuana) cigarette."

That's exactly the point, Anderson says.

"We tried all the other avenues that we could through the university," he
said. "The petition and the legislation should have been enough for the
university to say, `This is a concern.' But they didn't." Anderson and
others also criticize the university for not applying the zero-tolerance
drug policy for faculty and staff members. There is no mandatory punishment
for a university employee found guilty of drug possession.

Anderson was tried in the criminal case in May. A jury found him guilty and
sentenced him to two days in jail and a $5 fine. Anderson served the two
days and now is also suing the sheriff's department for not awarding him
good time credit of one day. Hays County Sheriff Don Montague could not be
reached for comment.

Anderson also served his suspension from the university and re-enrolled at
SWT this fall as a junior. But he lost his federal financial aid and other
grants, he said, and so can afford to take only two classes.

"It's taken its toll for sure, and I'm ready to go on to something else,"
Anderson said. "But this is something to follow through, to see all the way
to the end."