Not-pot leaf gets 6th-grader in big trouble (VA)

The Roanoke Times ^ | March 15, 2015 | Dan Casey

[bgill]

Some schoolchildren claim another student bragged about having marijuana. They inform school administrators. An assistant principal finds a leaf and a lighter in the boy’s knapsack. The student is suspended for a year. A sheriff’s deputy files marijuana possession charges in juvenile court... There was only one problem: Months after the fact, the couple learned the substance wasn’t marijuana.

[Milton Miteybad]

Some schoolchildren claim another student bragged about having marijuana. They inform school administrators. An assistant principal finds a leaf and a lighter in the boy’s knapsack. The student is suspended for a year. A sheriff’s deputy files marijuana possession charges in juvenile court... There was only one problem: Months after the fact, the couple learned the substance wasn’t marijuana.

Sadly, it probably makes no difference whether the leaf was marijuana or not. If the child had a lighter in his possession, they can probably get him for possession of drug paraphernalia. Unfortunately.

[ConservingFreedom]

imitation controlled substances

The only "imitation" was being done by the leaf - punish it.

[marron]

The school principals and administrators involved in this episode are too stupid to be allowed near anyone’s kids.

And they are par for the course.

Get your kids out of public schools. Grandparents, you may need to help.

We may be able to reform the schools someday but your kids only have now.

[eyeamok]

The Administrator, Principle, and Officer need to spend time in PRISON, when they get BANNED FOR LIFE from being within 100 feet of ANY MINOR..

[1_Rain_Drop]

Question: How did the other school children know what a MJ leaf looks like? They should have been questioned about their knowledge.

Next question: Was the leaf in question a Maple leaf? or was it a roadside weed which has similar characteristics to MJ?

[1_Rain_Drop]

I didn’t see your post before I posted.

[aomagrat]

Administrators and teachers love zero tolerance rules. Zero Tolerance keeps them from having to make decisions. “Sorry, nothing I can do. Zero Tolerance you know.”

[tacticalogic]

It’s like dogma. It frees you from the burden of thought.

[PghBaldy]

If the perps were punished, instead of the taxpayers, this stuff would lessen.

[MadMax, the Grinning Reaper]

A million dollar lawsuit against all involved for “false arrest”, etc., might stop this shit. Now that we have Terry “The Thug” McAuliffe as Governor (D), it is going to be interesting if he stops this crap (he’s pro-marijuana in a somewhat covert manner), or whether he will keep the police-state around.

We have dumbasses in both parties and I’m ashamed of them for this zero-tolerance law.

[samtheman]

I agree with post #24

[DoughtyOne]

Which of these is more clear

1:

The unlawful manufacture, distribution, dispensation, possession, use or being under the influence of alcohol, anabolic steroids, or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or other controlled substance … [or] imitation controlled substances or drug paraphernalia while on school property, while going to and from school, or while engaged in or attending any school-sponsored or school approved activity or event, is prohibited, and will result in an automatic recommendation of expulsion.

2:

The unlawful manufacture, distribution, dispensation, possession, or use of the following substances are forbidden.  (see below)  Whether traveling to and from school, attending school, attending school functions, or a school approved activity, these substances and objects are forbidden.  (see below)

Those who do not conform to these rules will be subject to review, and if they are found to have violated these rules, they will receive an automatic recommendation of expulsion.

Substances:

alcohol
amphetamines
anabolic seroids
barbiturates
hallucinogencs
marijuana
narcotics
controlled substances, other
controlled substances, imitations

Objects

drug paraphenalia


First of all, if you are going to come up with a binding rule, at the very least consult with the full staff at the institution and put someone in charge of a simple statement that can be read without six years of education dedicated to the legal profession.

If a student provided that sentence (example 1 above) as part of a class final in English, they would marked down a grade point for it.

That sentence makes it possible for school officials to claim it means whatever they want it to mean.  You've got a kitchen sink in your pocket, we'll hell you claimed to someone it was a joint.  You're gone...


Under the law in California, if you attempt to provide a substance for money, you are guilty of breaking the law.  If your claim that the substance was a narcotic was a fraud, you are still guilty of making a sale of a substance you thought was a narcotic.

How does this apply to the child in question here?  It doesn't.  It shouldn't.  But low and behold, they claim (essentiall), that it does.

This kid made no attempt to distribute.  He made no attemp to sell.  He made no attempt to provide it freely.  He did not encourage abuse by anyone.  Even at the worst, if he did claim it as something it wasn't, there was absolutely no harm no foul.

Well, that's if you're a public servant that actually has the child's best interest at heart.  Here we see that not one single person anywhere along the route of this progression, had this kid's well-being at heart.


These rigid malcontents held power over the kid.  They essentially gave him a year's sentence for something they couldn't even prove he conciously took actions to carry out.

The identity of the item came back negative for a forbidden item.  Even then, they used the loophole clause to charge the child anyway.

If the kid is trying to sell something, or even get someone to smoke something, or take any action to harm (or even fool) another kid with evil intent, then perhaps an argument could be made.  He didn't.


To throw the book at this child the way these people did, is to put on display their lack of of the basic professional integrity they should have to hold their jobs.

Anyone involved in doing this to this child, should be fired.  Charges of child endangerment or child abuse should be sought.  They should be barred from every working around children again.


Frankly, I'd bar them from ever holding a position in Education again.  No person should be subject to being in a room where these people can explain things to them.

This magnitude of ignorance is just too flagrant for anyone to be subject to their whims.


I will say that moms and dads can be wrong about what their kids will or won't become involved with.  The kid may have done this.  It still does not merrit a year's suspension.  That is beyond absurd, and ventures into the world of child abuse.

[Axenolith]

I hope you read them the riot act...

[mom of young patriots]

I also can’t believe they are going to put him back in that same school. No way would I do that.

[Rodamala]

lifetime banishment from public skrewl not for the pot, but for the cigarette lighter.

[lakecumberlandvet]

The public schools are only as good as parents/guardians demand. Private/parochial schools should be considered if at all feasible.

[logic101.net]

Ok, a leaf - A LEAF - that someone said might have been pot, but no one can produce it. It had to be tested 3 times? Ok, so these cops don’t know what a pot leaf looks like, but thought they did? And again, it was “A LEAF”. Even if it was pot the thc level would be minimal; the concentration is in the flowers.

Regardless, when did they have a “no tolerance” policy about pot? I thought it was just pop tarts and drawings that look like guns.

What kind of morons are we talking about here? Par for the course for our schools.

[Svartalfiar]

Mmmm okra :)

[trebb]

Another sorry state of government overstepping.

To Pining_4_TX - this is what happens when the government is given free rein to provide "safety and security" - it isn't the bad guys who do the suffering.

[ViLaLuz]

I remember a long time ago in high school a kid offered to sell me a bag of put which smelled like a pizza.