JFCG/JFCH/JFCI: Prohibited Use, Possession, Distribution or Sale of Tobacco Products, Alcohol, Drugs or Inhalant Delivery Systems**
Code: JFCG/JFCH/JFCI
Adopted: 1/04/07
Revised/Readopted: 1/12/11; 9/09/15; 6/13/18; 9/28/22
Orig. Code: JFCG/KGC/GBK
No student is permitted to use, distribute, sell or possess a tobacco product, tobacco paraphernalia, alcohol, unlawful drugs or an inhalant delivery system or product in any building, facility, or vehicle owned, leased, rented, or chartered by the school district, school, or public charter school, or on school grounds, athletic grounds, or parking lots, or at school-sponsored activities on or off district premises.
Any person under age 21 possessing a tobacco product or inhalant delivery system on district property, in a district facility or while attending a district-sponsored activity is in violation of state law and is subject to a court-imposed fine.
For the purposes of this rule “tobacco product” is defined to include, but not limited to, any lighted or unlighted cigarette, cigar, pipe, bidi, clove cigarette, and any other smoking product, and spit tobacco, also known as smokeless, dip, chew, and snuff, in any form. This does not include products that are USFDA approved for sale as a tobacco cessation product or for any other therapeutic purpose, marketed and sold solely for the approved purpose.
For the purpose of this policy, “inhalant delivery system” means a device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or a component of a device or a substance in any form sold for the purpose of being vaporized or aerosolized by a device, whether the component or substance is sold or not sold separately. This does not include products that are USFDA-approved for sale as a tobacco cessation product or for any other therapeutic purpose, marketed and sold solely for the approved purpose.
Advertising
Clothing, bags, hats and other personal items used to display, promote or advertise tobacco products, inhalant delivery systems, alcohol or unlawful drugs are prohibited on district grounds or premises, including parking lots, at school-sponsored activities or in district vehicles.
Tobacco product, alcohol, drugs or inhalant delivery system product advertising is prohibited, on all district premises, including parking lots, in all school-sponsored publications and at all school-sponsored events. District acceptance of gifts or funds from similar product industries is prohibited.
Any person who distributes, sells or allows to be sold, tobacco products or any substance sold for the purpose of being smoked, vaporized or aerosolized, in any form, a tobacco-burning or inhalant delivery system device, to a person under 21 years of age is in violation of state law and is subject to a court imposed fine.
An “unlawful drug” is any drug as defined by the Controlled Substances Act including, but not limited to, marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP). As used in this policy, unlawful drug also means possession, use, sale or supply of prescription and nonprescription drugs in violation of Board policy and any accompanying administrative regulation.
Unlawful delivery of a controlled substance to a student or minor within 1,000 feet of district property is a Class A felony, as provided by ORS 475.904.
Student Violations
If possession, use, distribution or sale occurred near district grounds, disciplinary action may include removal from any or all extracurricular activities and/or denial or forfeiture of any school honors or privileges (e.g., valedictorian, salutatorian, student body, class or club office positions, senior trip, prom, etc.). If possession, use, distribution or sale occurred on district grounds, at school-sponsored activities or otherwise while the student was under the jurisdiction of the school, students will be subject to discipline up to and including expulsion.
School and/or community service may be required. A referral to law enforcement may be made if deemed appropriate. Parents shall be notified of all violations involving their student and action taken by the school. When considering disciplinary action for a student with disabilities, the district must follow the requirements of Board policy JGDA - Discipline of Students with Disabilities.
District Responsibility
Information about community resources and/or cessation programs to help staff and students overcome tobacco use will be provided (i.e., the Oregon Tobacco Quit Line (800-784-8669, 877-266-3863 - Spanish and 877-777-6534 - TTY), other cessation resources and positive alternatives to discipline). Cessation programs may be established at district schools. Attendance or completion of cessation programs by students may be allowed as a substitute to, or as a part of student discipline for possession, use, distribution or sale of tobacco products or inhalant delivery systems or products at the discretion of the principal. Attendance at cessation programs not offered by the district is voluntary and related costs are the individual responsibility of the student and parent and private health care system.
The superintendent or designee shall consult with local officials to promote enforcement of law that prohibits the possession of tobacco products, alcohol, unlawful drugs or inhalant delivery systems or such products by minors on or off district grounds.
END OF POLICY
Legal Reference(s):
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Controlled Substances Act, 21 U.S.C. § 812 (2012); Schedules of Controlled Substances, 21 C.F.R. §§ 1308.11-1308.15 (2017).
Pro-Children Act of 1994, 20 U.S.C. §§ 6081-6084 (2012).
Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101-7118 (2012).
