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1. Drug Czar Kerlikowske: “Legalization is not in the president’s vocabulary… or mine.”
2. School’s strip-search of teen girl ruled unconstitutional, but girl cannot sue
3. Dispensaries in Washington State in legal gray area
4. Marijuana POW dies in custody in Houston

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WASHINGTON (CNN) — A former middle-school student who was strip-searched by school officials looking for ibuprofen pain medication won a partial victory of her Supreme Court appeal Thursday in a case testing the discretion of officials to ensure classroom safety.

Redding was an eighth-grade honor student in 2003, with no history of disciplinary problems at Safford Middle School, about 127 miles from Tucson, Arizona.

During an investigation into pills found at the school, a student told the vice principal that Redding had given her prescription-strength 400-milligram ibuprofen pills.

The school had a near-zero-tolerance policy for all prescription and over-the-counter medication, including the ibuprofen, without prior written permission.

Redding was pulled from class by Vice Principal Kerry Wilson, escorted to an office and confronted with the evidence. The girl denied the accusations.

A search of Redding’s backpack found nothing. A strip search was conducted by Wilson’s assistant and a school nurse, both females.

Redding was ordered to strip to her underwear and to pull on the elastic of the underwear, so any hidden pills might fall out, according to court records. No drugs were found.

“The strip search was the most humiliating experience I have ever had,” Redding said in an affidavit. “I held my head down so that they could not see that I was about to cry.”

The decision was 8-1.  Justice Clarence Thomas thought the Constitution doesn’t really cover the “preservation of order, discipline and safety in public schools”, so if you want to strip-search 13-year-old girls at school, the Founding Fathers would have been cool with that.  Justices Ruth Bader Ginsburg and John Paul Stevens thought the girl should be able to sue the school administrators who humiliated her, but the rest of the court decided that up til now it hasn’t been very clear how much protection the Constitution gives 13-year-old schoolgirls from strip searches, so the administrators couldn’t be reasonably expected to know they couldn’t just do that (if I’m reading SCOTUSblog’s analysis correctly).

So, from now on, there will be more protection for 13-year-old girls in school to not be expected to strip to their panties for school officials – not police, a freakin’ vice principal’s assistant and a school nurse! - when a teenage snitch lies about them holding drugs.  But all you 13-year-old girls who were strip-searched, you have no recourse.

I don’t suppose anybody ever considered just calling the girls’ parents.  ”Hello, Mrs. Redding? We have a tip your daughter may be holding prescription ibuprofen in violation of our zero-tolerance policy.  Can you come down to the school, please?”  No, wait, excuse me, I forgot, we’re talking about drugs; there’s no room for common sense here!  What am I thinking?  I just expected someone who takes seriously the phrase “zero tolerance” to show common sense.

A divided US appeals court has ruled an Arizona school violated the constitutional rights of a 13-year-old student by conducting a strip search for ibuprofen.

Suspecting that a student had violated a policy against prescription or over-the-counter drugs without permission, public school officials in Safford, Arizona, ordered a search of Savana Redding.

A school nurse had her remove her clothes, including her bra, and shake her underwear to see if Ms Redding was hiding anything.

The 2003 search, prompted by a tip from another girl, did not find ibuprofen, which is found in common medications like Advil and Motrin to treat pain like cramps and headaches.

Higher doses require a prescription.

Previous court decisions ruled the school did not violate the US Constitution’s Fourth Amendment rights against unreasonable searches and seizures because officials have a legitimate interest in protecting students from prescription drugs.

The 6-5 ruling by a panel of the 9th US Circuit Court of Appeals on Friday overturned an earlier decision, setting out its reasoning in an extensive 75-page ruling with many details on the complications of eighth grade life.

“Directing a 13-year-old girl to remove her clothes, partially revealing her breasts and pelvic area, for allegedly possessing ibuprofen, an infraction that poses an imminent danger to no one, and which could be handled by keeping her in the principal’s office until a parent arrived or simply sending her home, was excessively intrusive,” Justice Kim McLane Wardlaw wrote for the majority.

The majority found flaws in the school’s logic that a tip from another student justified the action.

“The self-serving statement of a cornered teenager facing significant punishment does not meet the heavy burden necessary to justify a search accurately described by the 7th Circuit as ‘demeaning, dehumanizing, undignified, humiliating, terrifying, unpleasant [and] embarrassing’.

“And all this to find prescription-strength ibuprofen pills.

“No legal decision cited to us, or that we could find, permitted a strip search to discover substances regularly available over-the-counter at any convenience store throughout the United States.”

A 6-5 decision!  This poor 13-year-old girl was one judge away from having to fight all the way to the Supreme Court!  When people confront me about my drug war activism, they often ask if I hadn’t thought of “better” causes (climate change, voting machines, poverty, AIDS, whatever) to put my efforts into.  Then I show them cases like this, where the demonization of drugs has led to such alarmist conditioning among school faculty and frightened parents that people actually think it is reasonable to strip-search an adolescent girl on the mere accusation from another student, all over a legal drug!