HIGHER EDUCATION POLICY IN COLORADO

ARIS KALEPS-CLARK

EXECUTIVE SUMMARY

In this past year, Colorado passed voter led legislation for the legalization of marijuana for recreational use. While this legislation may have made this legal in the sate of Colorado, it is still regarded as illegal by the federal government. It is important for institutions of higher education to be aware of the implications of this law and its effect on state policy.

BACKGROUND OF THE ISSUE

During the November elections, Colorado Amendment 64, a voter led initiative, legalized the following: The purchase of one ounce of marijuana for

personal usage The growth of up to six marijuana plants for

personal usage Commercial sale of marijuana (pending state

regulations in 2014) Any county in the state of Colorado is allowed to

pass ordinances to continue the ban of marijuana in their town.

While the state of Colorado may have passed legislation allowing the sale and recreational use of small amounts of marijuana, it is still illegal according to federal regulations.

ORGANIZATIONAL INTERESTS

All Colorado institutions of higher education receive some form of support from the federal government. If any College or University receives support from the federal government, they have to abide by their regulations. All institutions of higher education in Colorado need to make sure their policies are reflecting federal regulations to avoid sanctions.

CURRENT POLICIESHigher Education Act: Title I, SEC. 120.20 U.S.C. 1011i states that all

institutions that wish to receive federal funding must notify students and staff about state and federal legislation regarding drug possession and usage.

CURRENT POLICIESCode of Federal Regulations Title 21, Chapter II, Part 1308.11, section d states

that marijuana is a hallucinogenic substance. The Drug Enforcement Administration (DEA) has identified marihuana as a controlled substance. The Drug Free Workplace Act of 1988 requires that all employees be informed of which controlled substances are federally illegal and not allowed to be at the work place

CURRENT POLICIESDrug-Free Schools and Communities Act Amendments of 1989 States that institutions of higher education cannot

receive federal funding unless they demonstrate to the secretary that they have preventative measures against drug usage. This includes, but is not limited to, sanctions in a conduct and policy, dissemination of information about illegal drug usage, counseling services, and health risks, among others

CURRENT POLICIESHigher Education Opportunity Act An individual who has been charged with

possession will face one year of ineligibility for federal funding. A second possession charge incurs a two year ineligibility status, and a third possession will incur an indefinite ineligibility for federal funding. For the sale of a controlled substance, at the first offense, the student will incur an ineligibility status of two years, for the second offense, the student will be indefinitely ineligible for aid.

POLICY OPTIONSBecause the legalization of marijuana was passed by a public vote and was not state legislation, institutions of higher education are not having to adjust as much as they would have to were it state legislation. However this does not mean institutions of higher education should not be preparing to respond to the new laws.

POLICY OPTIONS Develop a state commission on the management

and regulation of marijuana for institutions of higher education.o No University or College in the state of Colorado is

outside of the purview of the regulations of the HEOA. Bringing leaders from all campuses together will help in creating a unified front on the states stance about marijuana usage on campus.

o This commission can also be used to share best practices for how to create educational/awareness programs on campus to clarify the policy on marijuana usage. The information needs to be disseminated to faculty and staff as well as students.

POLICY OPTIONS CONTINUED

o The use of marijuana has potential implications for a student’s financial aid eligibility. Special attention must be given to financial aid offices to make sure that the information about possession and sale of illicit drugs can render a student ineligible for financial aid for a minimum of one year.

o This commission should also begin developing a plan for the potential legalization of marijuana at a federal level. As the conversation on the use of marijuana for recreational purposes has moved forward, there is potential that we may see a cultural shift leading to the full legalization of marijuana. If this is the case, we should have a contingency plan developed for policy changes and regulations.

RECOMMENDATIONSWe must recognize that students may not understand how and why the federal policy still overrules state policy. We must make an effort to clarify all the intricacies of the policy so they understand what is legal and what is illegal. This is especially important because of the potential for student’s financial aid to be revoked, or the chance that they may be ineligible to receive further funding.

REFERENCES 1998 amendments to the higher education act of 1965, Section

483 (1998). Cornell University Law School. (2013). 21 CFR 1308.11 - schedule

I.. Retrieved 4/06, 2013, from http://www.law.cornell.edu/cfr/text/21/1308.11

Drug-free schools and communities act amendments of 1989, 101-226, 101Cong. (1989).

Peterson, E. (2013). Marijuana legalization: Colorado and washington state grapple with implementing new laws. Retrieved 4/6, 2013, from http://www.policymic.com/articles/22459/marijuana-legalization-colorado-and-washington-state-grapple-with-implementing-new-laws

U.S. Department of Labor.Drug-free workplace act of 1988Requirements. Retrieved 4/06, 2013, from http://www.dol.gov/elaws/asp/drugfree/screenr.htm