Adopted: MSBA/MASA Model Policy 418
Revised: Rev. 2023
418 DRUG-FREE
WORKPLACE/DRUG-FREE SCHOOL
I. PURPOSE
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, nonintoxicating cannabinoids, edible cannabinoid
products, and controlled substances without a physician’s prescription.
II. GENERAL
STATEMENT OF POLICY
A. Use or
possession of alcohol, toxic substances, medical cannabis, nonintoxicating
cannabinoids, edible cannabinoid products, and controlled substances 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. A violation
of this policy occurs when any student, teacher, administrator, other school
district personnel, or member of the public uses or possesses alcohol, toxic
substances, medical cannabis, nonintoxicating cannabinoids, edible cannabinoid
products, or controlled substances in any school location.
C. An individual
may not use or possess cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products in a
public school, as defined in Minnesota Statutes, section 120A.05, subdivisions
9, 11, and 13, including all facilities, whether owned, rented, or leased, and
all vehicles that the school district owns, leases, rents, contracts for, or
controls.
D. 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.
III. DEFINITIONS
A. “Alcohol”
includes any alcoholic beverage containing more than one-half of one percent
alcohol by volume.
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 United
States Code section 812, including analogues and look-alike drugs.
C. “Edible
cannabinoid product” means any product that is intended to be eaten or consumed
as a beverage by humans, contains a cannabinoid in combination with food
ingredients, and is not a drug.
D. “Nonintoxicating
cannabinoid” means substances extracted from certified hemp plants that do not
produce intoxicating effects when consumed by injection, inhalation, ingestion,
or by any other immediate means.
E. “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; (4) combustion with use of
dried raw cannabis; or (5) any other method approved by the Commissioner of the
Minnesota Department of Health (“Commissioner”).
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.
H. “Sell” means
to sell, give away, barter, deliver, exchange, distribute or dispose of to
another, or to manufacture; or to offer or agree to perform such an act, or to
possess with intent to perform such an act.
I. “Toxic substances”
includes: (1) glue, cement, aerosol paint, containing toluene, benzene, xylene,
amyl nitrate, butyl nitrate, nitrous oxide, or containing other aromatic
hydrocarbon solvents, but does not include glue, cement, or paint contained in
a packaged kit for the construction of a model automobile, airplane, or similar
item; (2) butane or a butane lighter; or (3) any similar substance declared to
be toxic to the central nervous system and to have a potential for abuse, by a
rule adopted by the Commissioner.
I. “Use” means
to sell, buy, manufacture, distribute, dispense, be under the influence of, or
consume in any manner, including, but not limited to, consumption by injection,
inhalation, ingestion, or by any other immediate means.
IV. EXCEPTIONS
A. A violation
of this policy does not occur when a person brings onto a school location, for
such person’s own use, a controlled substance, except medical cannabis,
nonintoxicating cannabinoids, or edible cannabinoid products, 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.
B. A violation
of this policy does not occur when a person possesses an alcoholic beverage in
a school location when the possession is within the exceptions of Minnesota
Statutes, section 624.701, subdivision 1a (experiments in laboratories;
pursuant to a temporary license to sell liquor issued under Minnesota laws or
possession after the purchase from such a temporary license holder).
C. A violation of this policy does not occur when a person uses or
possesses a toxic substance unless they do so with the intent of inducing or
intentionally aiding another in inducing intoxication, excitement, or
stupefaction of the central nervous system, except under the direction and
supervision of a medical doctor.
V. PROCEDURES
A. Students who
have a prescription from a physician for medical treatment with a controlled substance,
except medical cannabis, nonintoxicating cannabinoids, or edible cannabinoid
products, must comply with the school district’s student medication policy.
[Note: School districts are required by Minnesota Statutes,
section 121A.22 to develop procedures for the administration of drugs and
medicine. If the school district does
not have a student medication policy such as MSBA/MASA Model Policy 516, this
Paragraph A. can be modified to provide: “Students who have a prescription from
a physician for medical treatment with a controlled substance, except medical
cannabis, nonintoxicating cannabinoids, or edible cannabinoid products, must
provide a copy of the prescription and the medication to the school nurse,
principal, or other designated staff member.
The school district’s licensed school nurse, trained health clerk,
principal, or teacher will administer the prescribed medication except medical
cannabis, nonintoxicating cannabinoids, or edible cannabinoid products, in
accordance with school district procedures.”]
B. Employees
who have a prescription from a physician for medical treatment with a
controlled substance, except medical cannabis, nonintoxicating cannabinoids, or
edible cannabinoid products, are permitted to possess such controlled substance
and associated necessary paraphernalia, such as an inhaler or syringe. The employee must inform his or her
supervisor. The employee may be required
to provide a copy of the prescription.
C. Each
employee shall be provided with written notice of this Drug-Free
Workplace/Drug-Free School policy and shall be required to acknowledge that he
or she has received the policy.
[Note: The Drug-Free Workplace Act requires that school
district employees be notified by a published statement of the prohibition of
the use of controlled substances and actions that will be taken against
employees for violations of such prohibition.
41 United States Code section 8103; 34 Code of Federal Regulations Part
84. An acknowledgment will document
satisfaction by the school district of this federal requirement.]
D. Employees
are subject to the school district’s drug and alcohol testing policies and
procedures.
E. Members of
the public are not permitted to possess controlled substances, intoxicating
cannabinoids, or edible cannabinoid products in a school location except with
the express permission of the superintendent.
F. No person is
permitted to possess or use medical cannabis, nonintoxicating cannabinoids, or
edible cannabinoid products on a school bus or van; or on the grounds of any
preschool or primary or secondary school; or on the grounds of any child care
facility. This prohibition includes (1) vaporizing
or combusting medical cannabis on any form of public transportation where the
vapor or smoke could be inhaled by a minor child or in any public place,
including indoor or outdoor areas used by or open to the general public or
place of employment; and (2) operating, navigating, or being in actual physical
control of any motor vehicle or working on transportation property, equipment
or facilities while under the influence of medical cannabis, nonintoxicating
cannabinoids, or edible cannabinoid products.
G. Possession
of alcohol on school grounds pursuant to the exceptions of Minnesota Statutes section
624.701, subdivision 1a, shall be by permission of the school board only. The applicant shall apply for permission in
writing and shall follow the school board procedures for placing an item on the
agenda.
VI. SCHOOL
PROGRAMS
A. Starting in the 2026-2027 school year, the school district
must implement a comprehensive education program on cannabis use and substance
use, including but not limited to the use of fentanyl or mixtures containing
fentanyl, for students in middle school and high school. The program must
include instruction on the topics listed in Minnesota Statutes, section
120B.215, subdivision 1 and must:
1. respect community values and encourage students to
communicate with parents, guardians, and other trusted adults about cannabis
use and substance use, including but not limited to the use of fentanyl or
mixtures containing fentanyl; and
2. refer students to local resources where students may obtain
medically accurate information about cannabis use and substance use, including
but not limited to the use of fentanyl or mixtures containing fentanyl, and
treatment for a substance use disorder.
B. School district efforts to develop, implement, or improve
instruction or curriculum as a result of the provisions of this section must be
consistent with Minnesota Statutes, sections 120B.10 and 120B.11.
C. Notwithstanding
any law to the contrary, the school district shall have a procedure for a
parent, a guardian, or an adult student 18 years of age or older to review the
content of the instructional materials to be provided to a minor child or to an
adult student pursuant to this article. The district must allow a parent or
adult student to opt out of instruction under this article with no academic or
other penalty for the student and must inform parents and adult students of
this right to opt out.
VI. ENFORCEMENT
A. Students
1. Students may
be required to participate in programs and activities that provide education
against the use of alcohol, tobacco, marijuana, smokeless tobacco products,
electronic cigarettes, and nonintoxicating cannabinoids, and edible cannabinoid
products.
2. Students may
be referred to drug or alcohol assistance or rehabilitation programs; school
based mental health services, mentoring and counseling, including early
identification of mental health symptoms, drug use and violence and appropriate
referral to direct individual or group counselling service. which may be
provided by school based mental health services providers; and/or referral to
law enforcement officials when appropriate.
3. A student
who violates the terms of this policy shall be subject to discipline in
accordance with the school district’s discipline policy. Such discipline may include suspension or
expulsion from school.
B. Employees
1. As a
condition of employment in any federal grant, each employee who is engaged
either directly or indirectly in performance of a federal grant shall abide by
the terms of this policy and shall notify his or her supervisor in writing of
his or her conviction of any criminal drug statute for a violation occurring in
any of the places listed above on which work on a school district federal grant
is performed, no later than five (5) calendar days after such conviction. Conviction means a finding of guilt (including a plea of
nolo contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the federal or state
criminal drug statutes.
2. An employee
who violates the terms of this policy is subject to disciplinary action,
including nonrenewal, suspension, termination, or discharge as deemed
appropriate by the school board.
3. In addition,
any employee who violates the terms of this policy may be required to
satisfactorily participate in a drug and/or alcohol abuse assistance or
rehabilitation program approved by the school district. Any employee who fails to satisfactorily
participate in and complete such a program is subject to nonrenewal,
suspension, or termination as deemed appropriate by the school board.
4. Sanctions
against employees, including nonrenewal, suspension, termination, or discharge
shall be pursuant to and in accordance with applicable statutory authority,
collective bargaining agreements, and school district policies.
C. The
Public
A member of the public who violates this policy shall be
informed of the policy and asked to leave.
If necessary, law enforcement officials will be notified and asked to
provide an escort.
Legal References: Minn. Stat. § 120B.215 (Education on
Cannabis Use and Substance Use)
Minn. Stat. § 121A.22 (Administration of Drugs and Medicine)
Minn. Stat. § 121A.40-§ 121A.56 (Pupil Fair Dismissal Act)
Minn. Stat. § 151.72 (Sale of Certain Cannabinoid Products)
Minn. Stat. § 152.01, Subd. 15a
(Definitions)
Minn. Stat. § 152.0264 (Cannabis Sale Crimes)
Minn. Stat. § 152.22, Subd. 6
(Definitions; Medical Cannabis)
Minn. Stat. § 152.23 (Limitations; Medical Cannabis)
Minn. Stat. § 169A.31 (Alcohol-Related School Bus or Head
Start Bus Driving)
Minn. Stat. § 340A.101 (Definitions; Alcoholic Beverage)
Minn. Stat. § 340A.403 (3.2 Percent Malt Liquor Licenses)
Minn. Stat. § 340A.404 (Intoxicating Liquor; On-Sale
Licenses)
Minn. Stat. § 342.09 (Personal Adult Use of Cannabis)
Minn. Stat. § 342.56 (Limitations)
Minn. Stat. § 609.684 (Abuse of Toxic Substances)
Minn. Stat. § 624.701 (Alcohol in Certain Buildings or
Grounds)
20 U.S.C. § 7101-7122 (Student Support and Academic
Enrichment Grants)
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)
Cross References: MSBA/MASA Model Policy 403 (Discipline,
Suspension, and Dismissal of School
District Employees)
MSBA/MASA Model Policy 416 (Drug and Alcohol Testing)
MSBA/MASA Model Policy 417 (Chemical Use and Abuse)
MSBA/MASA Model Policy 419 (Tobacco-Free Environment;
Possession and use of Tobacco, Tobacco-Related Devices, and Electronic Delivery
Devices; Vaping Awareness and Prevention Instruction)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 516 (Student Medication)