Adisory Opinion to MA Schools on New Marijuana Law

The following is an excerpt from the "Advisory Opinion on Ballot Question 2: An act Establishing a Sensible State Marijuana Policy", authored by Mitchell D. Cgester, Ed.D., Commissioner of Elementary and Secondary Education in a letter to all MA School Superintendents and School Principals:


This advisory responds to questions the Department of Elementary and Secondary Education has received about Ballot Question 2, An Act Establishing A Sensible State Marijuana Policy, and its impact on public schools. Question 2, a ballot initiative law that the voters passed on November 4, 2008, decriminalizes the possession of one ounce or less of marijuana. The Attorney General has advised that Question 2 goes into effect 30 days after the Secretary of State's presentation of the election results to the Governor and Governor's Council, and their official determination that Question 2 has passed. The Governor's Council met on December 3, 2008 and certified the election results, which means that the new law will take effect on January 2, 2009.

Question 2 replaces the criminal penalties for possession of one ounce or less of marijuana with a new system of civil penalties to be enforced by issuing citations, and excludes information regarding this civil offense from the state's criminal record information system.

In our opinion, Question 2 does not affect the existing authority of school officials under state law and school committee policy to impose discipline, including suspension or expulsion, on students who possess one ounce or less of marijuana on school premises or at school-sponsored or school-related events.

State law authorizes but does not mandate school officials to suspend or expel students for possession of marijuana. We encourage school officials to use their authority under state law and school committee policy with discretion. Preferably, disciplinary measures should be coupled with drug awareness programs, and students should be given the opportunity to continue education in alternative settings when excluded from school for disciplinary reasons.