University medical marijuana policy undetermined in Michigan

The North Wind – Medical marijuana policy undetermined
Universities across Michigan may soon face trouble enforcing a newly passed proposal which legalized marijuana for medicinal purposes.

Proposal 1, which passed in Michigan in the Nov. 4 election, legalized the possession of up to 2.5 ounces of marijuana with a valid prescription.

The section of [Northern Michigan University's] handbook dealing with drugs reads: “No students shall possess, use, distribute, sell or manufacture illegal drugs, or other controlled substances, in any building or on any property owned or controlled by the University, except as permitted by law.”

It is unclear whether medical marijuana would fall under this definition because, while legalized by the state of Michigan, marijuana remains a controlled substance by federal standards.

Other campuses across the country have come to widely varying conclusions on the legality of medicinal marijuana on campus.

Last year, a Colorado State student who was caught possessing a small amount of medical marijuana had university sanctions against him dropped after hiring a lawyer to defend himself. The student initially faced suspension from the school and mandatory drug rehab classes.

The University of California-Bakersfield, on the other hand, has decided that state medical marijuana rules do not apply to universities. The argument is that the universities receive federal funding and are therefore subject to federal laws regarding the legality of medical marijuana.

I think UC Bakersfield’s policy is bunk, because the California university system is under no mandate to enforce federal laws.  Isn’t that the same argument that San Diego and San Bernadino are trying to make, and the courts have repeatedly ruled that California counties aren’t in the federal law enforcement business?  Certainly San Diego and San Bernadino counties receive some forms of federal funding, too.

I think the Michigan universities and others throughout the medical marijuana states should treat marijuana like they treat Ambien, Percocet, or Vicodin: so long as the student has the legal right under state law and a doctor’s supervision and he isn’t giving them out to other students, leave him alone!