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What Happens if You get Caught With Marijuana on Campus?

By July 22, 2024August 5th, 2024No Comments

Being caught with marijuana can have serious legal, academic, professional, and ethical consequences. Our DC student defense attorneys are here to help you navigate these difficult challenges with compassion. Led by our seasoned student defense attorney, Shanlon Wu, our team brings years of experience and a deep commitment to supporting students through tough times.

Read through this blog to learn from our experienced DC Student Defense attorneys what violating academic conduct and getting caught with marijuana could mean for you and how we can help protect your future.

Penalties for Marijuana Use on Campus

Each college and university has its own unique penalties for marijuana use on campus.

Regardless of the fact that recreational marijuana is being legalized in one state after another with each passing year, the bottom line is that the federal government still categorizes marijuana as a Schedule I drug. Therefore, many colleges won’t allow students to use marijuana on campus because they fear losing federal funding. If a college permits marijuana use, the federal government might strip it of all federal financial support.

Many post-secondary educational institutions are willing to remove students caught with marijuana from campus. Even fairly liberal college campuses have harsh penalties for marijuana use on campus.

Penalties for violating a school’s drug policies can include:

  • Disciplinary probation
  • Fines
  • Formal reprimands
  • Loss of financial aid and/or housing
  • Mandatory evaluation and treatment
  • Suspension
  • Expulsion

If you are caught with marijuana on campus or accused of possession/use, reach out to DC Student Defense for assistance. We are here to support and guide you through this difficult time.

The Issue of Marijuana Enforcement at Colleges

Plenty of colleges and universities have fairly strict anti-marijuana policies, yet there is the looming question of whether those policies will actually be enforced.

Some colleges do not actually enforce the rules about marijuana as detailed in their policies, as they typically consider marijuana use to be a lesser offense compared to rape, hazing, and other criminal acts performed on campus.

For example, let’s look at the marijuana policies and codes of conduct of DC’s three most prominent colleges:

  • George Washington University: Marijuana use and possession are prohibited for all students, with disciplinary action for violations.
  • Georgetown University: Both medical and recreational marijuana use and possession are forbidden by the code of conduct.
  • American University: Unauthorized marijuana use or possession, including medical marijuana, is not allowed on university property, including residence halls.

What About the Use of Medical Marijuana on Campus?

Those with a prescription for medical marijuana are in a grey area regarding its use on campus. This may include prescriptions for:

  • Pain
  • Glaucoma
  • Multiple sclerosis
  • Other health ailments

Though universities and colleges can punish students for using medical marijuana on campus, there is potential for legal backlash.

In general, colleges do not permit the use of medical marijuana, even if a student has a prescription. Colleges and universities have the legal right to establish their own rules regarding marijuana, alcohol, and other drug use on campus.

Addressing Accusations of Drug or Alcohol Involvement at School

It can be alarming for parents to learn from their child’s school that they are at risk of expulsion due to allegations involving drugs or alcohol. While college students might be adept at keeping secrets, often, these charges can be misdirected or entirely baseless. 

Colleges, particularly vigilant about substance issues, may inadvertently implicate innocent students due to the prevalence of drugs and alcohol on campus. Let’s look at some scenarios where students might mistakenly be accused of such violations:

  • Wrong Place, Wrong Time: Simply being in the vicinity of peers using substances can lead to group punishment, even if your child did not partake.
  • Planted Evidence: The discovery of drugs or alcohol in a student’s backpack or locker could be the result of someone else placing them there to evade blame.
  • Malicious Accusations: Students could be wrongly accused by peers, whether out of spite or as a tactic to deflect suspicion.
  • Surveillance Misinterpretation: School cameras might capture your child in a compromising group, leading to mistaken conclusions.
  • Undisclosed Problems: There is also the possibility that your child may be struggling with addiction secretly and doesn’t know how to ask for help.

Our attorneys at DC Student Defense are experienced in navigating these complex situations, ensuring that your child’s rights are protected, and working toward the most favorable resolution.

Understanding the Long-Term Consequences of School Disciplinary Actions

The repercussions of disciplinary actions like expulsion can extend well beyond the immediate impact, affecting your child’s future significantly. If expelled, your student could face daunting challenges such as:

  • Educational Setbacks: Difficulties in transferring to another college, potentially derailing their academic progress.
  • Financial Aid Restrictions: Loss of eligibility for specific scholarships, grants, and other educational financial support.
  • Campus Reentry Problems: Obstacles in regaining acceptance into the school system, affecting educational continuity.
  • Employment Limitations: Career opportunities may be hindered by educational disruptions or the stigma attached to a disciplinary record.

In these critical situations, a skilled student defense attorney is indispensable. They can provide the necessary guidance and advocacy to mitigate the long-term effects of such punishments and help safeguard your student’s future.

Do Not Count on Colleges Changing With the Times

Though the general public is more open to the legalization of marijuana, it is unlikely colleges will change their stance toward marijuana use on campus in the near future. 

  • Federal Funding and Legal Compliance: Any post-secondary institution that receives federal funding and violates the Controlled Substances Act and the Drug-Free Schools and Communities Act runs the risk of losing vitally crucial federal funding. Such funding is necessary for institutions of higher education to remain financially viable.
  • Enforcement and Compliance Measures: Instead of endorsing marijuana use, local colleges and universities are expected to reinforce compliance and enforcement of federal marijuana laws on their campuses.

Expect local colleges to double down on their compliance and enforcement of federal marijuana laws. Even if the federal government removes marijuana from its current classification as a Schedule I drug, it will still likely be against school rules to use it on campus.

After all, marijuana smoke can move through air ducts within residence halls and spread to other non-smokers, resulting in a contact high. This is precisely why marijuana use on campus will likely continue to be barred.

Caught With Marijuana on Campus? Contact DC Student Defense Right Away 

If you are caught using or possessing marijuana on a college campus, it is in your best interest to find an experienced criminal defense attorney. The support of a savvy lawyer can make the difference between a permanent campus ban and the opportunity to continue your post-secondary education while living on campus. 

Your fate hangs in the balance. Do not delay reaching out to DC Student Defense for assistance. Call our law firm today at 855-965-3253 to schedule an initial consultation where we will review the details of your specific case and start building a robust defense against the accusations and charges.

Shan Wu

Author Shan Wu

Shan’s professional and personal background gives him a unique understanding of academic institutions and the criminal justice system. A former federal prosecutor in Washington, D.C., he is at home in D.C. Courts and very familiar with all of the Washington, D.C. law enforcement agencies, especially the Metropolitan Police Department. His parents were university professors so he grew up in a university environment. He understands the mindset of academic institutions. As a prosecutor, he supervised in the misdemeanor crime section. This is the section of the Washington, D.C. prosecutor’s office that handles most college student cases. His understanding of charging decisions and how judges view these cases is invaluable to his student clients and their families. Shan served as a federal prosecutor in the United States Attorney’s Office for the District of Columbia for over ten years. During his tenure there, now Attorney General Eric H. Holder, Jr. appointed him to supervisory positions in the Misdemeanor Trial Section and also in a police corruption task force. His outstanding legal work in the government was recognized through numerous Special Achievement Awards from the Justice Department as well as awards conveyed by law enforcement agencies and community groups. From 1999-2000, Shan served as Counsel to Attorney General Janet Reno, advising her on criminal and civil investigations, E-Gov, E-Commerce (electronic signatures, internet gambling, internet telephony, privacy & public access issues in electronic court filings), congressional oversight, and legislative review. His responsibilities included serving as liaison to the FBI, DEA, Criminal Division, Executive Office of United States Attorneys, National Institute of Justice, and White House Counsel’s Office. Shan serves on the D.C. Bar Association’s Hearing Committee of the Board on Professional Responsibility and is a past president of the Asian Pacific American Bar Association for the Greater Washington, D.C. area. He is a 1988 graduate of Georgetown University Law Center, where he graduated Order of the Barristers, edited two law reviews, and was Co-Director of the Moot Court Program. He holds a B.A. in English Literature from Vassar College as well as a Master’s Degree in Creative Writing from Sarah Lawrence College. Following law school, he clerked for the late Hon. Jerry Buchmeyer, U.S. District Court for the Northern District of Texas, and the late Eugene Wright, U.S. Court of Appeals for the Ninth Circuit. He is admitted to practice law in the District of Columbia and Connecticut.

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