WILL NEW POT LAW MAR SCHOOL DRUG POLICIES?

State education and public safety officials face a cloudy future for
schools' marijuana rules in the month before a new law that
decriminalizes possession of small amounts of the drug takes effect.

Some state education leaders are concerned the voter-approved Question
2 may have unknown consequences for school policies that punish
marijuana possession.

Tom Scott, the executive director of the Massachusetts Association of
School Superintendents, said the measure is silent on how it would
affect existing state laws that give schools the right to suspend or
expel students for marijuana possession, or whether it would undermine
school policies banning the drug. "That's a concern we have," said
Scott, who noted the association asked for clarification from the
state Department of Elementary and Secondary Education, where
attorneys are reviewing the matter, Scott said. Scott said schools
have the ability to do things differently than other agencies - for
example, schools can conduct locker searches despite privacy rights -
and it's possible the same thinking will apply to how Question 2
affects schools' marijuana rules.

"We don't know what this will mean for us," said Scott, about the law,
which takes effect Jan. 2.

Question 2, which 65 percent of voters approved last month, would make
possession of an ounce or less of marijuana a civil offense punishable
by no more than a $100 fine for those 18 and older. Younger offenders
would also undergo a drug awareness program and perform some form of
community service. Possessing an ounce or less of marijuana can't be
used to block access to student financial aid, public housing or any
unemployment benefits, driving a car or serving as a foster or
adoptive parent under the measure. The measure also forbids the state
or any of its agencies from imposing "any form of penalty, sanction or
disqualification on an offender" for possessing a small amount of the
drug. But the text of Question 2 also states that nothing in the
measure repeals existing laws.

Under existing state law, marijuana possession can lead to suspension
or expulsion from school. No school system is required to accept a
student who was expelled under those regulations.

One ounce of marijuana is worth about $600 on the street, according to
Michael O'Keefe, the district attorney for the Cape and Islands. "The
(state's K-12 education department) appears to be concerned about it,"
said Glenn Koocher, the executive director of the Massachusetts
Association of School Committees.

"I'd be very surprised if there's a school administration in the state
who's not very concerned about this," he said.

J.C. Considine, a spokesman for the state Department of Elementary and
Secondary Education, said Question 2's text doesn't address schools
and the agency is working with the state's attorney general, the
Executive Office of Public Safety and Security and other officials to
clarify the measure's impact. "We will issue more detailed guidance
on this topic as soon as possible. In the meantime, we recommend that
schools maintain their usual practices and procedures in regard to
disciplinary matters," Considine said in an e-mail. Terrel Harris,
spokesman for the Executive Office of Public Safety, said public
safety and the state's K-12 education department are working together
to resolve this issue. He noted they must have an answer for schools
before the law takes effect next month.

"We are continuing to work on the problem," said Harris. But Middlesex
District Attorney Gerry Leone's office says Question 2 won't change
schools' ability to control drugs among students, as the ballot
measure doesn't change any existing regulations of marijuana as a
controlled substance, said spokesman Corey Welford.

"The current law regarding that issue remains intact," he said.
Whitney A. Taylor, treasurer and chairwoman of the Committee for
Sensible Marijuana Policy, which backed Question 2, said the measure
was aimed solely at changing the penalty for possessing small amounts
of marijuana from a criminal to a civil one.

"It is not meant to sit there and undermine school policy," said
Taylor. She said her organization is working with the Executive Office
of Public Safety as government officials review the measure. But she
said there are no problems with Question 2.

"They're creating problems where there are no problems," said Taylor,
referring to those concerned that Question 2 applies to schools. At
the local level, education officials reached for comment yesterday
said that it's unclear how Question 2 will influence local school
policies. "We may have to look at our handbook policies. There may be
some test cases" of students bringing small amounts of marijuana to
schools, said John Brucato, principal of Milford High School.

Now, a kid at Milford High School who is caught with marijuana
generally faces a suspension, he said. But Brucato has asked Milford's
town counsel for legal advice on how to handle such situations after
Question 2 becomes law. "We're going to have to find out," said Brucato.

Philip Dinsky, chairman of Framingham's School Committee, said his
board has not discussed Question 2, as their focus has been on their
budget and finding a new school superintendent. He said schools
should be able to block marijuana from campuses after Question 2
becomes law. "I'm sure we could cover it with our general policies,"
he said. Marcia Reni, a co-chairwoman of the Ashland School Committee,
said her board is in the midst of revising district policies such as
their student discipline rules, but haven't discussed Question 2 in
detail. "I'm not sure why it would actually affect anything we're
doing. My sense is that's really a police matter. Our discipline isn't
really related to that anyway," said Reni.

David Fischer, Bellingham's schools superintendent, wouldn't comment
on whether Question 2 could have an impact on his district, only to
say it wouldn't change local policies that forbid drugs.

"We're deeply concerned about drug use in any of the schools," he
said. His staff haven't had a thorough discussion about the measure,
but will probably talk about it during a regular meeting with
administrators on Thursday, he said.