 
Use,
Possession, And Distribution Of Controlled Dangerous Substances
Definitions:
Controlled Dangerous
Substances are defined in section
I through V of the NJ Criminal Code.
They include but are not limited to: marijuana, heroin, and
anabolic steroids. The term
controlled dangerous substance shall also include alcohol.
Under the Influence
– a student is judged to be under the influence whenever s/he exhibits
physical or physiological symptoms (including but not limited to unsteady
walk, dilated pupils, slurred speech, erratic or uncharacteristic
emotional reactions) which are commonly associated with the use of
controlled dangerous substances.
Possession is defined
as knowingly or purposely obtaining or possessing, actively or
*constructively, a controlled dangerous substance or drug paraphernalia:
a)
on or off school property;
b)
on the person;
c)
in an accessory (including but not limited to
purse, book bag, gym bag, or
knapsack);
d)
in a locker or desk; and
e)
in a privately or school-owned vehicle
*Constructive
possession refers to a student who intends or has the capacity to
exercise control over the drug/paraphernalia even is s/he does not have
physical possession of the item. For
example, who hides drugs on school property or asks a classmate to hold
drugs for him/her, constructively possesses the drugs.
Distribution is
defined as sharing, selling, or dispensing a controlled dangerous
substance:
a)
on or off school property;
b)
with or without receiving payment; and
c)
to individuals enrolled or not enrolled in the school
Possession with
Intent to Distribute – applies
regardless of whether or not a student intended:
a)
to receive payment;
b)
to distribute the controlled dangerous substance to
an individual enrolled or not enrolled in the
school, and;
c)
to distribute the controlled dangerous substance on
or off school property
POLICY:
a)
to be under the influence,
b)
in possession,
c)
engaged in distribution, or
d)
have possession of a controlled dangerous substance
2)
Such a student shall be subject to the following
provisions and to the general
discipline policy stated in the Handbook:
a)
when a student is identified as being “under the
influence” or “in possession” of a controlled dangerous
substance, the principal MAY refer
the matter to local law enforcement officials;
b)
when a student is identified as “distributing” or “in possession with intent to distribute” a
controlled dangerous substance, the principal MUST refer the matter
to local law enforcement officials;
3)
A student suspected of violating the policy governing controlled dangerous
substances will immediately be placed under suspension for
an indefinite period. The
student and parents/guardians shall be given
a reasonable opportunity to respond to the allegation as quickly
as possible.
4)
If the principal determines that there:
a)
was no violation of policy, the student will be permitted
to return to school
b)
was a violation of policy, the principal may
discipline the student according to the general discipline
policy stated in the Handbook up to and
including expulsion
5)
The principal may require the student to participate in an
appropriate treatment or counseling program as a condition of the
student’s eventual return to the school.
6)
When violation of this policy involves “distribution” or
“possession with intent to
distribute” the discipline imposed will normally be expulsion.
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