Criminal law

Drugs

Is a student allowed to carry a small amount of drugs in school for his own personal use?

No. It is illegal to carry drugs, no matter where you are or how much you are carrying. Drug possession is a criminal offence, even though some students may believe otherwise.

A teenager should be aware of the risks associated with carrying even a small amount of marijuana or any other illegal substance to school. And if a student is carrying drugs with the intent to sell some to other students, she is risking even more serious consequences than if she were simply carrying it for her own personal use.

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

Are school authorities allowed to search a student they suspect of being in possession of drugs?

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

School authorities face a challenging legal responsibility: they must maintain order and discipline on the school grounds among the student body. On top of that, in the absence of parents, it’s up to the school to supervise and educate the students under its care. Parents expect that the school authorities will 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!), the principal is permitted to search a student he suspects 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 that apply to all students contain a section informing students and their parents that lockers may be searched on occasion. Check out your school code – it might include something on the administration’s right to check the contents of your locker.

But even if your school code does contain such a section, keep in mind that a locker search should only be carried out for specific reasons and in certain situations.

What happens to a student who is found to be in possession of drugs?

Drugs possession and trafficking are illegal. Once the school authorities determine that a student has committed a criminal offence, whether by searching her or catching her in the act, they have to decide whether to involve the police. This decision may come down to the seriousness of the offence. For example, the administration will probably be more likely to report a student caught selling heroin in the schoolyard than report a student who is carrying a tiny quantity of drugs in order to “do a favour” for a friend.

That being said, you should keep in mind that most schools have a "zero tolerance” policy when it comes to drugs. This means that if a teenager is caught using, carrying or selling drugs, chances are that he will be suspended for having broken school rules and the police will be contacted.

If school authorities decide to involve the police, they must immediately hand over any substances they seized from the student. The police will then carry out their own investigation to determine whether the student should face alternative measures or whether criminal charges should be laid. If he is charged with an offence, the teenager will be brought before the courts and could face various 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 the school administration will always inform the parents of the student who is caught with drugs, because drug possession and trafficking can be a risk to students’ safety. It is important that the parents be informed of the situation so that they can effectively carry out their responsibilities in relation to their child’s education and supervision.

How must a search be carried out in order to be legal?

First, it is important to define the concept of a search. A search is a procedure that is used to physically inspect a person, often by patting them down (or “frisking” them). This means that a teacher or principal who has reasonable grounds to believe that a student is carrying drugs can touch different parts of the body through the student’s clothing (except the genitals), feel the contents of the student’s pockets and the folds of his clothing.

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

The school authorities can also search the student’s locker or schoolbag in order to check if he is hiding drugs.

Searches made by the school administration must respect the following conditions in order to be legal:

• First of all, the school authorities must have reasonable grounds to believe that a school rule has been broken and that a search of the student or his personal belongings would prove that such a violation has occurred. A criminal offence, like drug possession, is obviously a violation of school rules.
  
• Second, the search must be carried out in a reasonable and appropriate manner, taking into account the seriousness of the violation and the age and gender of the student in question. 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 to him 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 the teenager was in possession of drugs, it was reasonable for him to believe that this was the case. Therefore, he was allowed to search Jason.

If the school authorities believe that a violation of a rule has occurred, they may impose disciplinary measures - in some cases, this can be as serious as suspension. What’s more, if the authorities believe that the rule violation is also a criminal offence, they can contact the police.