Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

New Frontier in Random Drug Testing: Checking High Schoolers for Tobacco
Associated Press ^ | Oct. 7, 2002 | Greg Giuffrida

Posted on 10/08/2002 4:35:09 AM PDT by Wolfie

New Frontier in Random Drug Testing: Checking High Schoolers for Tobacco

Breath mints won't cut it anymore for students who have been smoking in the bathroom -- some schools around the country are administering urine tests to teenagers to find out whether they have been using tobacco.

Opponents say such testing violates students' rights and can keep them out of the extracurricular activities they need to stay on track. But some advocates say smoking in the boys' room is a ticket to more serious drug use.

"Some addicted drug users look back to cigarettes as the start of it all," said Jeff McAlpin, director of marketing for EDPM, a Birmingham drug-testing company.

Short of catching them in the act, school officials previously had no way of proving students had been smoking.

Testing students for drugs has spread in recent years and was given a boost in June when the U.S. Supreme Court affirmed random testing of those in extracurricular activities. Tobacco can easily be added to the usual battery of tests.

"I agree with it," said 16-year-old Vestavia Hills High School junior Rosemary Stafford, a member of the marching band. "It's illegal, it's addictive. Maybe the punishment shouldn't be as severe, but they should test for it."

In Alabama, where the legal age for purchasing and smoking tobacco products is 19, about a dozen districts, mostly in the Birmingham area, test for nicotine along with alcohol and several illegal drugs, including marijuana.

In most cases, the penalties for testing positive for cotinine -- a metabolic byproduct that remains in the body after smoking or chewing tobacco -- are the same as those for illegal drugs: The student's parents are notified and he or she is usually placed on school probation and briefly suspended from sports or other activities.

Alabama's Hoover school system randomly tested 679 of its 1,500 athletes for drug use this past school year. Fourteen high school students tested positive, 12 of them for tobacco.

Elsewhere around the country, schools in Blackford County, Ind., test for tobacco use in athletes, participants in other extracurricular activities, and students who take driver's education or apply for parking permits.

In Lockney, Texas, a federal judge recently struck down the district's testing of all students for the use of drugs, alcohol and tobacco.

In Columbia County, Fla., the school board will vote Tuesday on a testing policy that would include tobacco. Teenagers who take part in extracurricular activities or apply for permits to drive to school would be screened.

"Tobacco does and will affect a larger majority of the students than alcohol or drugs," said Gloria Spizey, the county's coordinator for Safe and Drug-Free Schools. "Tobacco use can be devastating. We felt it needed to stand with the other drugs."

Screenings can detect cotinine for up to 10 days in regular smokers of about a half a pack, or 10 cigarettes, a day, McAlpin said. Experts say it is unlikely that cotinine would collect in people exposed to secondhand smoke.

"Tobacco is illegal for them to have -- it's also a health and safety issue," said Phil Hastings, supervisor of safety and alternative education for schools in Decatur, which recently adopted a testing program that includes tobacco. "We've got a responsibility to let the kids know the dangers of tobacco use."

While random drug testing overall is being fought by the American Civil Liberties Union and students' rights groups, the addition of nicotine testing has drawn little opposition.

Guidelines published last month by the White House drug office do not specifically address tobacco testing.

"On tobacco, we have the same policy as on testing for drugs -- it may not be right for every school and community," said Jennifer de Vallance, press secretary for the office. "We encourage parents and officials to assess the extent and nature of the tobacco problem."

Shawn Heller, executive director of Students for Sensible Drug Policy in Washington, said tobacco use by teen-agers is a major problem, but testing for it is just another step in the invasion of students' privacy.

"We're making schools like prisons," he said.


TOPICS: Culture/Society
KEYWORDS: alcoholsbadenough; dopefuelsterrorism; dopeuberalles; drugtesting; obeyorpay; onlydopesusedope; pufflist; wodlist
Navigation: use the links below to view more comments.
first previous 1-20 ... 141-160161-180181-200201-209 next last
To: Roscoe
In your opinion, who do kids (for lack of a better word) 'belong' to? Their parents, or the state?

What rights do you think they have? Don't have?

If the state decides children can be arrested, and imprisoned without due process for speaking or praying, have the child's rights been violated?

161 posted on 10/08/2002 2:15:55 PM PDT by freeeee
[ Post Reply | Private Reply | To 160 | View Replies]

To: freeeee
The parents sent them there. The schools are acting in loco parentis.
162 posted on 10/08/2002 2:18:30 PM PDT by Roscoe
[ Post Reply | Private Reply | To 161 | View Replies]

To: Roscoe
The parents sent them there.

So the school can regulate behavior on school property. If they catch them smoking at school they can kick them off the team because smoking on school property is against school rules. And even then, because they are a public school, they are bound by the 4th Amendment in enforcement.

The school wants to regulate what they do outside of school, and that's mission creep of the legitimate use of loco parentis.

The schools are acting in loco parentis.

I'll remind you of that when they're telling your kid that it's ok that Heather has two mommies, and teaching them the joys of fisting and condom use. Be careful what you wish for, you just might get it. You're putting a great big club in the hands of the 400 pound gorilla of government. One day, he'll have a new master, and he'll come swinging for you.

163 posted on 10/08/2002 2:28:10 PM PDT by freeeee
[ Post Reply | Private Reply | To 162 | View Replies]

To: MrLeRoy
 I'm sure the FR Drug Warriors support the
coming War On Tobacco And Alcohol.

They're too stupid.  It's what comes after
the WOT&A that's gonna finally piss them
off, to no avail.  And, no, I can't tell you
yet.  It's not time.

164 posted on 10/08/2002 2:30:41 PM PDT by gcruse
[ Post Reply | Private Reply | To 15 | View Replies]

To: gcruse
Some day, we'll celebrate the attainment of a risk-free society. And promptly be arrested for it.
165 posted on 10/08/2002 2:33:55 PM PDT by tacticalogic
[ Post Reply | Private Reply | To 164 | View Replies]

To: tacticalogic
Excellent. Should be engraved in stone.
166 posted on 10/08/2002 2:37:58 PM PDT by gcruse
[ Post Reply | Private Reply | To 165 | View Replies]

To: Wolfie; *puff_list; Just another Joe; Great Dane; Max McGarrity; Tumbleweed_Connection; maxwell; ...
Oh golly gee. I hope they are "testing" for concealed weapons. Weapons can REALLY kill! And what about the kids who "sneak liquor" Lots of them carry a flask in their back packs. But oh no! They are singling out the Evil Weed.

We lost a lot of teens in southern Maine this past summer from drinking and driving and ending up in twisted metal. If all they did was smoke, they would still be here with us today.

167 posted on 10/08/2002 3:42:17 PM PDT by SheLion
[ Post Reply | Private Reply | To 1 | View Replies]

To: enfield
Milk is the gateway. Did you know that 100% of all smokers drank milk before they started smoking? Did you know that 100% of all hard drug users drank milk before they started taking drugs? Did you know that 100% of all alcoholics drank milk before they had their first drink? Save the world, ban milk!
168 posted on 10/08/2002 10:59:53 PM PDT by altair
[ Post Reply | Private Reply | To 21 | View Replies]

To: Roscoe
Here is a Supreme Court decision rejecting the extension of the Interstate Commerce Clause to "closely connected" intrastate commerce.

OLIVER IRON MIN. CO. v. LORD, 262 U.S. 172 (1923):

"The chief contention is that mining as conducted by the plaintiffs, if not actually a part of interstate commerce, is so closely connected therewith that [it falls under the authority granted by the Interstate Commerce Clause].

"The facts on which the contention rests are as follows: The demand or market within the state for iron ore covers only a negligible percentage of what is mined by the plaintiffs. Practically all of their output is mined to fill existing contracts with consumers outside the state and passes at once into the channels of interstate commerce. [...]

"Plainly the facts do not support the contention. Mining is not interstate commerce, but like manufacturing, is a local business, subject to local regulation and taxation. Its character in this regard is intrinsic, is not affected by the intended use or disposal of the product, is not controlled by contractual engagements, and persists even though the business be conducted in close connection with interstate commerce."
169 posted on 10/09/2002 1:57:46 PM PDT by MrLeRoy
[ Post Reply | Private Reply | To 158 | View Replies]

To: tpaine; freeeee
Stay tuned; this could get interesting.
170 posted on 10/09/2002 2:04:47 PM PDT by MrLeRoy
[ Post Reply | Private Reply | To 169 | View Replies]

To: ThinkDifferent; The FRugitive; Nate505; tacticalogic
Interstate Commerce Clause ping.
171 posted on 10/09/2002 2:12:25 PM PDT by MrLeRoy
[ Post Reply | Private Reply | To 169 | View Replies]

To: MrLeRoy
[Find a single authority or court decision that holds that illicit drug use is an unemumerated right under the Ninth Amendment.]

Here is a Supreme Court decision rejecting the extension of the Interstate Commerce Clause to "closely connected" intrastate commerce.
OLIVER IRON MIN. CO. v. LORD, 262 U.S. 172 (1923):

"These are suits to restrain and prevent the enforcement of a taxing act adopted by the state of Minnesota, April 11, 1921. Chapter 223, Laws 1921..."

"The contentions made under the equal protection provision of the Fourteenth Amendment and under the state constitutional provision that 'taxes shall be uniform upon the same class of subjects' present a question or classification and have been argued together."

You get an F+. (I'm feeling generous.)

172 posted on 10/09/2002 2:13:34 PM PDT by Roscoe
[ Post Reply | Private Reply | To 169 | View Replies]

To: MrLeRoy
See Illinois Central Railroad v McKendree (1906)
173 posted on 10/09/2002 2:35:54 PM PDT by tacticalogic
[ Post Reply | Private Reply | To 171 | View Replies]

To: Roscoe
[Find a single authority or court decision that holds that illicit drug use is an unemumerated right under the Ninth Amendment.]

Which part of "Here is a Supreme Court decision rejecting the extension of the Interstate Commerce Clause to 'closely connected' intrastate commerce" did you not understand? Without that extension---which you have often voiced support for---the Controlled Substances Act, cornerstone of the federal War On Some Drugs, crumbles to dust, making the Ninth Amendment argument moot.

174 posted on 10/09/2002 2:42:09 PM PDT by MrLeRoy
[ Post Reply | Private Reply | To 172 | View Replies]

To: Roscoe
The ninth is in plain english. ALL rights are retained by the people, enumerated or not.

That isn't what it says.
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

That is exactly what the 9th says. - Rights, emumerated or not, are retained by the people. - Your flat denial is ludicrous roscoe.

-------------------------------

Find a single authority or court decision that holds that illicit drug use is an unemumerated right under the Ninth Amendment. Just one. - roscoe -

Find a 'cite', just one, that claims that any government has the power to prohibit substances that I can use to cure my ills.

- Granted, you will find many cites that claim the power to ~regulate~ such substances for the overall health & safety of society. This is not the issue.
- 'Controling' substances by government decree [criminal prohibition] is the issue in a free republic.

175 posted on 10/09/2002 2:43:25 PM PDT by tpaine
[ Post Reply | Private Reply | To 144 | View Replies]

To: tacticalogic
Right. Also New York v. Miln (1837), Patterson v. Kentucky (1879), Kidd v. Pearson (1888), Keller v. United States (1909), and Hammer v. Dagenhart (1918).
176 posted on 10/09/2002 2:44:40 PM PDT by MrLeRoy
[ Post Reply | Private Reply | To 173 | View Replies]

To: Roscoe
"The schools are acting in loco parentis."

Exactly...muy loco parents.

Downright insane, frankly.

Those utopian perfectionists are all of a breed--Commies, Woddies....
177 posted on 10/09/2002 2:48:57 PM PDT by headsonpikes
[ Post Reply | Private Reply | To 162 | View Replies]

To: MrLeRoy
The state can tax the mining operation even if most of the product went to other states. If there was no federal restriction on marijuana, a state could still prohibit its local production even if the bulk of the marijuana produced went into other states.

You don't even have a pair.
178 posted on 10/09/2002 2:49:21 PM PDT by Roscoe
[ Post Reply | Private Reply | To 174 | View Replies]

To: Roscoe
If there was no federal restriction on marijuana, a state could still prohibit its local production even if the bulk of the marijuana produced went into other states.

I wholeheartedly agree.

You don't even have a pair.

You're babbling.

179 posted on 10/09/2002 2:55:41 PM PDT by MrLeRoy
[ Post Reply | Private Reply | To 178 | View Replies]

To: Roscoe
"If there was no federal restriction on marijuana, a state could still prohibit its local production" ----

A state can reasonably ~regulate~ commercial production & sale of such a substance, yes.

Prohibiting its growth in the countryside, making it a criminal object to possess, - is ludicrous, and unenforcable. - Unconstitutional, unreasonable law on its face, that violates the 14th amentment, just for starters.
180 posted on 10/09/2002 3:05:50 PM PDT by tpaine
[ Post Reply | Private Reply | To 178 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 141-160161-180181-200201-209 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson