Beauty Link - Volume 3, Issue 3 - (Page 47)

Q | feat ure | R Clearing the Air Understanding Rights, Responsibilities and Medical Marijuana Edward M. Cramp, Duane Morris LLP M uch has been made lately of the medical marijuana movement. School owners and directors are confronted more and more with the question of what rights come with the medical marijuana cards carried by some individuals. Despite the attention in the media, the simple truth is that marijuana, whether “medicinal” or simply recreational, continues to be a schedule-one controlled substance. This means schools cannot allow the use or possession of marijuana on campus at any time. It also means that students and faculty must not possess or be under the influence of marijuana at any time they are on campus. Schools may terminate enrollment or employment of individuals found to have used drugs, including marijuana. Schools may also have drug test policies and require submission to “for cause” or random drug testing. For-cause drug test policies allow schools to test for drug use when administrators have a reason to suspect that an individual subject to the policy is currently under the influence of illegal drugs or alcohol. For example, if an individual comes to school and appears high, they may be subject to drug testing. Whether someone appears high or not is a call for the school to make. Signs that someone may be high include classic symptoms such as dilated pupils, altered speech or unusual behavior. Schools should consult local law enforcement or drug policy programs for more guidance. For-cause policies have the advantage of being used only when needed. They also cut down on cost because the school will not be performing as many drug tests as it would with a random drug test policy. The main disadvantage of a for-cause policy is that it depends on individuals to determine when a person is likely under the influence of drugs. Schools are unlikely to have experts in this area on staff (excluding anecdotal experience, of course). This means that the school may miss some who should be tested and require tests from others who should not be. In contrast to for-cause policies, random drug test policies allow schools to test for drug use without any outward signs of current drug use. The chief advantage of these policies is their deterrent effect. In theory, individuals may be less likely to use drugs if they know that they may be subject to testing on any given day. Random testing policies have many downsides, however. First, they are expensive and difficult to manage. To have the proper deterrent effect, the tests must be administered on a reasonably regular basis, more than once per year, for example. This can be costly. Second, the tests are likely to detect recreational users who are not high while on campus. Some school owners may decide that their chief priority For-cause drug test policies allow schools to test for drug use when administrators have a reason to suspect that an individual subject to the policy is currently under the influence of illegal drugs or alcohol. B E A U T YL INK | B E A U T I FU L WO R L D | 2 0 1 1 | 47 http://www.beautyschools.org

Table of Contents for the Digital Edition of Beauty Link - Volume 3, Issue 3

2011 AACS Convention Navigating the New Beauty Landscape
In Memoriam: Leo Passage Pivot Point International Founder and Mentor
It’s a Beautiful World Externally Popular Looks from the Stone Age to the Digital Age
2011 Nicholas F. Cimaglia Educator of the Year Award
Managing Risk in a Litigious Society
A 21st-Century Mindset: Teaching Methods for the Non-Traditional Student
i-Fabulous: Creating the Very Best Version of You
Clearing the Air: Understanding Rights, Responsibilities and Medical Marijuana
Make a Difference in Our Beautiful World: Two Ways to Keep Mannequin Heads Out of Landfills
Styling the Brave: Beauty Careers on Military Bases
Overcoming the Stereotype: Apply Sport Clips Marketing Principles to Attract More Male Students
Making Positive Connections Through Touch
Overcoming Challenges: Stories of Inspiration Part Two of a Two-Part Series
CEA Annual Convention Photo Spread
Index to Advertisers

Beauty Link - Volume 3, Issue 3

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