6429

NARCOTICS, ALCOHOLIC BEVERAGES, CONTROLLED

SUBSTANCES, CHEMICALS, AND DRUG PARAPHERNALIA

6429

No student shall possess, use, distribute, sell, possess with intent to distribute or sell, or conspire or attempt to distribute or sell, or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, other controlled substance, any alcoholic beverage, malt beverage, fortified wine, other intoxicating liquor, drug paraphernalia, counterfeit substance, any unauthorized prescription drug, or any other chemicals or products with the intention of bringing about a state of exhilaration, euphoria, or of otherwise altering the student’s mood or behavior.

For the purpose of the Code of Student Conduct the following definitions apply:

(1)

Possess: having the power or intent to control a prohibited substance and shall include, but is not necessarily limited to the possession of a prohibited substance in a student’s automobile, locker, book-bag, or desk, or on a student’s person.

(2)

Use: the consumption, injection, inhalation or absorption of a prohibited substance into a student’s body by any means. 

(3)

Under the influence: the use of any prohibited substance at any time or place when the prohibited substance would influence a student’s mood, behavior, or learning to any degree.

(4)

Sell: the exchange of a prohibited substance for money, property, or any other benefit or item of value.

(5)

Distribute: to give, share, or pass a prohibited substance.

(6)

Possess with intent to distribute/sell: Intent to distribute or sell may be determined from the amount of the prohibited substance found, the manner in which it was packaged, the presence of packaging materials such as scales, baggies or other containers, or from statements or actions of the student that demonstrate an intent to distribute or sell.

(7)

Counterfeit Substance: any substance that is described or presented with the intention of deceiving another into believing that it is a substance prohibited under this policy.

(8)

Unauthorized Prescription Drug: Any drug or medication that has not been prescribed for the student.

(9)

Drug Paraphernalia: Objects used for ingesting, inhaling, or otherwise introducing controlled substances into the body, e.g., pipes, rolling papers, “roach” clips.  Relevant evidence may be considered in determining whether an object is drug paraphernalia.

6429.1

Except as noted in 6429.2-6429.4 below, the first violation of this policy by a student in grades 6-12 shall result in the long-term suspension of the student from the school system for the remainder of the school year.

6429.2

When a first infraction does not involve the distribution, sale, possession with intent to distribute or sell, or conspiracy or attempt to distribute or sell a substance prohibited by this policy, an alternative to long-term suspension shall be offered.  This alternative shall be offered only one time to students during their school career unless an exception is made by the superintendent.  The alternative shall consist of a ten (10) school day suspension (five (5) day suspension for students on 4-by-4 block schedule) and shall also require participation in a corrective education and/or counseling program. The program shall be designed by the superintendent and agreed to in writing by the parent, guardian, student, and school principal.  Parents, guardians, and students shall be provided information by school authorities concerning approved alternative programs.  Failure to meet any requirements of the alternative program reactivates the long-term suspension.

6429.3

Any student who is fourteen (14) years of age or older and who distributes, sells, possesses with intent to sell, or conspires to distribute or sell any schedule I or schedule II controlled substance as defined by the North Carolina Controlled Substances Act may be expelled.

6429.4

The proper use of a drug authorized by valid medical prescription from a legally authorized health care provider shall not be considered a violation of this rule when the drug is taken by the person for whom the drug was prescribed.

Note:  Schedule I substances include, among other types, opiates; hallucinogenics such as LSD, psilocybin, and peyote; and methaqualone.  Schedule II includes opium, morphine, methadone, dilaudid, oxycontin, cocaine, PCP, ritalin, adderall, concerta, metadate CD, and other compounds.

Adopted: May 4, 1981

Revised: May 16, 1983

Revised: July 8, 1987

Revised: June 18, 1990

Revised: May 20, 1991

Revised: November 8, 1995

Revised: May 5, 2000

Revised: May 30, 2001

Revised: May 21, 2002

Revised: May 6, 2003

Revised: March 6, 2007

Revised: March 18, 2008 (Effective July 1, 2008)