Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

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Monday, August 18, 2014

College students facing distinct challenges in using marijuana as medicine

The Boston Globe has this intriguing new article discussing in the problems that face medical marijuana patients in university settings. The piece is headlined "In halls of academia, medical marijuana an unwelcome guest: Colleges, mindful of federal rules, draw ire by keeping stiff bans." Here are excerpts:

Thomas Burke Jr., a 25-year-old US combat veteran and Yale University grad student, has a physician’s permission to use medical marijuana in Connecticut to treat PTSD symptoms.  Although medical marijuana has been legal in Massachusetts for nearly two years, many local colleges are putting out the message to students as the fall semester nears: You still can’t use it on campus, even if a doctor says it’s medicinal.

College administrators have reaffirmed policies banning the drug in all forms, and that includes for students who have a doctor’s recommendation.  They say their hands are tied by federal regulations, which still classify marijuana as an illegal drug, and they worry that allowing cannabis use of any kind could lead to the loss of federal funding, including student financial aid....

But other medical marijuana patients and advocates say colleges are being overly cautious. Forbidding the use of a state-recognized, doctor-authorized medicine is unfair, unethical, and a detriment to students, faculty, and others who use the drug to treat ailments, they say.   “We would like to see schools recognize, as many states and millions and millions of individuals and doctors have done, that marijuana is in fact valid medicine for the patients that are using it, and treating it differently than other medications is harmful to students and faculty who have chosen to use medical marijuana,” said Betty Aldworth, director of Students for Sensile Drug Policy, a national student network pushing for an overhaul of drug laws....

Some schools — including Boston University, Tufts University, and Amherst, Curry, Emerson, Hampshire, and Wheelock colleges — that ban medical marijuana on campus try to help students with certifications to find alternatives. One way is to allow the students to opt out of on-campus housing contracts and requirements so they can pursue treatment off-campus....

The Justice Department said in a memorandum last year that it focuses enforcement on the most serious marijuana-related violations, and it is “not an efficient use of federal resources to focus enforcement efforts on seriously ill individuals, or on their individual caregivers.”

However, in 2011, the White House Office of National Drug Control Policy and the Education Department wrote a letter warning campuses that deviating from federal rules could put their federal funding at risk. “The administration’s stance hasn’t changed since then,” drug control policy office spokeswoman Cameron Hardesty told the Globe last week.

Advocates, however, say it is unrealistic to believe the US government would cut off funding to colleges over the issue.  “I understand not wanting to risk millions of dollars in federal funding, but no college has ever lost federal funding for changing their drug or alcohol policies,”said Connor McKay, a 22-year-old Northeastern University senior and president of the campus chapter of Students for Sensible Drug Policy.  “Colleges could and should at least accommodate students who need to use it.”

http://lawprofessors.typepad.com/marijuana_law/2014/08/college-students-facing-distinct-challenges-in-using-marijuana-as-medicine.html

Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms | Permalink

Comments

The 2011 letter from DOE and NDCP doesn't specifically address medical marijuana. Instead the letter broadly discusses "illegal drug use" except for this sentence "Additionally, a study found that college students who used marijuana were more likely to put themselves in physical danger when under the influence, experience concentration problems, and miss class.."

Posted by: Rebecca Pressman | Aug 19, 2014 11:26:31 AM

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