Policy 404 - Drug-Free Workplace, Drug-Free School

The purpose of this policy is to maintain a safe and healthful environment for employees and students by prohibiting the use of alcohol, toxic substances, medical cannabis, and controlled substances without a physician’s prescription.

A. Use or possession of controlled substances, toxic substances, medical cannabis, and alcohol before, during, or after school hours, at school or in any other school location, is prohibited as general policy. Paraphernalia associated with controlled substances is prohibited.

B. It shall be a violation of this policy for any student, teacher, administrator, other school district personnel, or member of the public to uses or possesses alcohol, toxic substances, or controlled substances, or medical cannabis in any school location.

C. The School District will act to enforce this policy and to discipline or take appropriate action against any student, teacher, administrator, school personnel, or member of the public who violates this policy.

A. “Alcohol” includes any alcoholic beverage, malt beverage, fortified wine, or other intoxicating liquor.

B. “Controlled substances” include narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, anabolic steroids, or any other controlled substance as defined in Schedules I through V of the Controlled Substances Act, 21 U.S.C. § 812, including analogues and look-alike drugs.

C. “Medical cannabis” means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of:
(1) liquid, including, but not limited to, oil; (2) pill; (3) vaporized delivery method with use of liquid or oil but which does not require the use of dried leaves or plant form; or (4) any other method, excluding smoking, approved by the commissioner.

D. “Toxic substances” includes glue, cement, aerosol paint, or other substances used or possessed with the intent of inducing intoxication or excitement of the central nervous system.

E. “Use” includes to sell, buy, manufacture, distribute, dispense, possess, use, or be under the influence of alcohol and/or controlled substances, whether or not for the purpose of receiving remuneration or consideration.

F. “Possess” means to have on one’s person, in one’s effects, or in an area subject to one’s control.

G. “School location” includes any school building or on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district; or during any period of time such employee is supervising students on behalf of the school district or otherwise engaged in school district business.

A. It shall not be a violation of this policy for a person to bring onto a school location, for such person’s own use, a controlled substance, except medical cannabis, which has a currently accepted medical use in treatment in the United States and the person has a physician’s prescription for the substance. The person shall comply with the relevant procedures of this policy.

• Minn. Stat. § 121A.22 (Administration of Drugs and Medicine)
• Minn. Stat. § 152.22 (Medical Cannabis; Definitions)
• Minn. Stat. § 152.23 (Medical Cannabis; Limitations)
• Minn. Stat. § 340A.403 (3.2 Percent Malt Liquor Licenses)
• Minn. Stat. § 340A.404 (Intoxicating Liquor; On-Sale Licenses)
• Minn. Stat. § 609.684 (Sale of Toxic Substances to Children; Abuse of Toxic Substances)
• Minn. Stat. § 624.701 (Liquor in Certain Buildings or Grounds)
• 20 U.S.C. § 7101-7165 (Safe and Drug-Free Schools and Communities Act)
• 21 U.S.C. § 812 (Schedules of Controlled Substances)
• 41 U.S.C. §§ 8101-8106 (Drug-Free Workplace Act)
• 21 C.F.R. §§ 1308.11-1308.15 (Controlled Substances)
• 34 C.F.R. Part 84 (Government-wide Requirements for Drug-Free Workplace)

• Adopted: January 14, 1991
• Amended: May 10, 2004
• Amended: July 11, 2016
• Last Reviewed: July 11, 2016