With recreational cannabis legal in the surrounding states of New York, New Jersey, and Maryland, it may seem as though Pennsylvania is behind the times when it comes to approving casual use. But when it comes to the use of marijuana on college campuses, it turns out that policies at Pennsylvania colleges are no different than those in place at colleges located in more cannabis-friendly states.

Blame the Federal Government

Cannabis remains a “controlled substance” under federal law. And because almost every college and university accepts federal funding in one form or another, they must follow federal law when it comes to the use of controlled substances on campus or risk losing that funding.

That means that, for example, Columbia University in New York (where recreational cannabis has been legalized) carefully notes that it “strictly prohibits the possession, use, manufacture, or distribution of illicit drugs” and warns that students “may be subject to criminal prosecution under federal and state laws” for “drug-related criminal offenses.” The University of Pennsylvania is more direct: “Use or possession of marijuana is prohibited on University premises, per federal law, which supersedes Pennsylvania laws governing the use and possession of marijuana and marijuana products on university campuses.” (Pennsylvania does have a medical marijuana program in place.)

The Practical Effect

Practically speaking, what this means for college students in Pennsylvania is that if they are caught using cannabis on campus, the school has an immediate excuse to discipline them. This is the case even in places like Philadelphia, which treats possession of an ounce or less of marijuana as a “civil violation” – meaning you are issued a “notice of violation” (essentially a “ticket”) and will have to pay a fine. But you won't have a criminal record as a result.

If your college chooses to discipline you for using marijuana on campus, you will be subject to the school's disciplinary process and procedures. While these vary from school to school, they usually include the following steps:

• You will be notified in writing of the allegation of violation.
• You'll have an opportunity to respond to the allegation.
• In some cases, you may be able to meet with a school official to attempt to resolve the matter without a hearing.
• Where the matter can't be resolved through negotiation, a hearing will occur. This will operate somewhat like a trial in court but will usually be more relaxed in terms of what kinds of evidence will be accepted and considered.
• A ruling will issue after the hearing. If the hearing officer or panel rules against you, it or the school will issue a penalty against you.
• If you lose the hearing, you typically have a chance to appeal to a higher level of the university.

How The LLF Law Firm Can Help You With School Disciplinary Matters

The LLF Law Firm Student Discipline Defense Team have years of experience helping students all over Pennsylvania protect their rights in school disciplinary proceedings. They understand the policies, the procedures, and most importantly, what your rights are as a student in these difficult and stressful situations. They can help you understand the charges against you, prepare and submit a strong defense, and, where necessary, vigorously represent you in any hearing or appeal that may follow. Because of their years of experience helping students with disciplinary proceedings, they are also able to negotiate with school officials to resolve matters without the stress and uncertainty of a formal hearing.

If you've received a notice from your school that you are being accused of violating a school policy – whether it relates to marijuana use or otherwise – call today at 888.535.3686, or reach out online to the LLF Law Firm Student Discipline Defense Team to set up a confidential consultation. School disciplinary proceedings have important deadlines that you don't want to miss, and when your ability to continue your education is at risk, you need the help of an experienced advocate who can help you fight for your rights.

So don't delay! We are here to listen and to help.