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Caught with THC or vape pen at school? Tips from student defense attorney.

What can you do if you or your child is caught vaping or with THC at school? Read on for defense tips from an attorney for students.

Can I be searched at school if they think I have drugs?

Conducting a search of a student’s backpack or belongings requires a lower standard than outside of school. All it takes is something called reasonable suspicion. Reasonable suspicion can arise many ways. It can come from another student’s tip, seeing the student go into the bathroom frequently, unusual behavior, or if someone overhears comments about having something. If drugs or drug paraphernalia are found, it will be collected as evidence and used in the school’s case for expulsion.

Do schools have to test the drugs or drug paraphernalia they found?

Yes. If a school is going to charge a student will possession of a substance, they should conduct a test of the drug or paraphernalia to confirm that it is in fact a controlled substance.

If a vape pen is empty when confiscated, the school will likely test the residue. If the test shows positive for drugs, they student will likely face expulsion.

What if the THC was someone else’s?

Even if you were holding the drugs or vape pen for a friend, you can still be face expulsion from school.

How can I defend possession of THC or vape pen?

  1. Be careful of what you say. Talk to your parents before making a statement.
  2. Do not talk, text or post anything on social media about what happened. Social media posts and text messages can be used as evidence in the case against the student.
  3. Hire a student defense attorney immediately. Getting an attorney involved quickly can increase the chances of avoiding discipline like expulsion and referral to alternative school.

Can you help all students facing drug possession in school?

I can help all Florida students in grades K-12 facing discipline for drug possession in school. I have successfully helped many students avoid the most severe punishment in several Florida school districts.

Click here for more information on the possession of drugs in school.

Click here for information regarding K-12 school suspensions and expulsions.

Richard Asselta is an award-winning student defense attorney who helps students facing drug possession in school. Call today for a free consultation. (855) 338-5299

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