Criminal law

Drugs

Can a student carry around school a small amount of drugs for his personal use?

No. It is illegal to carry drugs, no matter where you are or how much you are carrying. Some students don’t realize this, but drug possession is a criminal offence.

Teenagers need to know the risks of taking even a small amount of marijuana or any other illegal substance to school. And if a student is carrying drugs with the intention of selling some to other students, the consequences are even more serious.

To find out more, read the the Infosheets Simple possession? Not so simple… and Caught in traffic!.

Are school authorities allowed to search a student they suspect has drugs?

Yes, in some cases. Their right to search students flows from their duty to enforce school rules, which sometimes look a lot like regular laws.

School authorities face a challenging legal responsibility: they must maintain order and discipline among the student body. On top of that, it’s up to school administrators to supervise and educate students under their care.

Parents expect school authorities to take action if the security or education of their children is at risk. So, since drug possession at school is clearly inappropriate (not to mention against the law!), principals are allowed to search a student suspected of possessing or selling drugs.

Can the principal break open a student’s locker to search for drugs?

Yes, in some cases, the principal is allowed to break open a locker if he believes there are drugs hidden inside.

In many schools, the internal rules for students contain a section informing students and their parents that lockers may sometimes be searched. Check out your school code – it might include something on the administration’s right to check your locker.

But even if your school code does contain this kind of section, a locker search can only be carried out in certain situations.

What happens to a student caught with drugs?

Drug possession and trafficking are illegal. Once school authorities believe a student has committed a criminal offence, they have to decide whether to involve the police. This decision may turn on the seriousness of the offence. For example, school authorities will be more likely to report a student caught selling heroin in the schoolyard than to report a student carrying a tiny quantity of drugs for personal use.

But you should keep in mind that most schools have a "zero tolerance” policy for drugs: if a teenager is caught using, carrying or selling drugs, chances are she will be suspended for breaking school rules and the police will be contacted.

If school authorities decide to involve the police, they must immediately hand over any drugs seized from the student. The police will then carry out their own investigation to determine if criminal charges should be laid or whether another kind of penalty outside the formal court process is more appropriate. If she is charged with an offence, the teenager will be brought before the courts and faces a range of possible sentences if found guilty.

To find out more, read the Infosheets entitled Simple Possession? Not So Simple… and Caught in Traffic!.

You should also know that school authorities will always notify the parents of a student caught with drugs, because drug possession and trafficking poses a risk to students’ safety. Parents have to know what is going on so they can effectively carry out their responsibilities regarding their child’s education and supervision.

To be legal, how does a search have to be carried out?

First, it is important to define the concept of a search. A search is a procedure used to physically inspect a person or his belongings.

A search of a person is sometimes done by patting them down (or “frisking” them). This means that a teacher or principal who has reasonable grounds for believing a student is carrying drugs can touch different parts of the body through the student’s clothing (except the genitals), and feel the contents of the student’s pockets and folds of his clothing.

To conduct a strip search, the school must contact the police. To find out more, see the Infosheet entitled Body Searches.

School authorities can also search a student’s locker or schoolbag for drugs.

However, all types of searches by the school administration must respect the following conditions:

• First, school authorities must have reasonable grounds to believe that a school rule has been broken and that a search of the student or his belongings will turn up evidence of this. A criminal offence, like drug possession, is obviously a violation of school rules.
  
• Second, the search must be carried out in an appropriate manner, taking into account the seriousness of the violation and the age and gender of the student. In other words, the search must be carried out in the most respectful manner possible.

Let’s look at Jason’s situation again. It is entirely appropriate for the principal or a teacher to bring Jason to his office, explain why he suspects him of possessing and/or trafficking drugs, and ask him for his version of the facts. Since Mr. Turner was informed by a reliable source that Jason was carrying drugs, it was reasonable for him to believe this was the case. Therefore, he was allowed to search Jason.

If school authorities believe a rule has been broken, they can impose disciplinary measures. In some cases, this can be as serious as a suspension. What’s more, if they believe the rule violation is also a criminal offence, they can contact the police.