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Possession of drugs in school – Defense tips from a lawyer for students

On Behalf of | Sep 5, 2018

Students bringing drugs to school is occurring more frequently these days. The use of vape pens and edibles make drugs like marijuana easy to disguise. Schools have responded with zero tolerance policies regarding the possession of drugs, drug paraphernalia, distribution of drugs, and even pretending that a substance is a drug. This means that a student can face suspension, expulsion, and even criminal charges if caught. What should a student do if caught with drugs in school? Read on for advice from an attorney for students.

What type of substances are considered drugs?

Each school district has their own definition of what is considered illegal to have on a school campus. The most common illegal drugs like marijuana, ecstasy, cocaine and similar drugs are banned. Schools also ban the use of prescription drugs like Adderall, Xanax, and Ativan if the student was not prescribed the medication. Even if the student is prescribed a medication and administration was not informed, using the medication on campus could cause problems for a student.

What about just having drug paraphernalia on school grounds?

If a school finds a student with drug paraphernalia like a vape pen, they will submit it for testing. What residue is found inside typically dictates the punishment. The possession of a vaporizer with tobacco residue is usually treated less severe than if the substance test showed that it was used with marijuana. Even if the student did not have possession of the drug on school, whatever substance was last used in the paraphernalia will be considered.

I was pretending that an edible had drugs in it, but it didn’t.

Even though a student may be joking around or even selling a brownie, cookie, or other edible that has no active ingredient, the school can still suspend or expel a student if the student was passing it off as having drugs in the edible.

Recommendations for students caught with drugs in school

  1. Do not talk to any friends or school staff about the incident – Talk to your parents first and do not text any friends about what is happening. The school may have little evidence and talking may not only lock you into a story but give the school evidence to use against you.
  2. Hire a School Suspension and Expulsion Attorney Immediately – The faster an attorney is involved, the better the chance of avoiding the most severe penalties like expulsion and referral to an alternative school. These situations can leave a permanent mark on your record and damage future opportunities.

Can you help me fight a suspension or expulsion from school?

Yes. I defend students throughout Florida in student disciplinary hearings. Using my nearly twenty years of legal experience combined with specialized knowledge of the student disciplinary process, I give students the best chance at a successful outcome.

Call now for a free consultation. (855-338-5299

Richard Asselta is an award-winning attorney who assists students facing suspension or expulsion from school. Call today and start building your defense. Click here to read what clients are saying about Richard on AVVO, an attorney review website.