5040: Student Drug, Alcohol and Controlled Substance Offenses

District Policy 5040

STUDENT DRUG, ALCOHOL AND CONTROLLED SUBSTANCE OFFENSES

1.0       Introduction.

1.1       School districts are required by Colorado law to adopt policies regarding use, possession and/or sale of drugs or other controlled substances.

1.2       Parents who have questions or concerns about student drug or alcohol issues are encouraged to contact a school counselor or mental health provider, school administration, or the District Office of Intervention Services to discuss resources that may be available to assist them. Schools should provide opportunities for students to increase awareness regarding the consequences of controlled substance use and abuse.

1.3       Students may not knowingly use, be under the influence of, possess, bring, sell, solicit the sale of, transfer, distribute, or supply a drug, controlled substance or drug paraphernalia as defined in this policy. A student may be found to have violated this policy if he or she reasonably should have known that he or she was engaging in one of these prohibited activities.

1.3.1    Violations of this policy are considered to be detrimental to the welfare and safety of the student, other students and/or school personnel.

1.3.2    Violations of this policy are considered to cause material disruptions to the school’s learning environment. Violations may be counted toward declaration as a habitually disruptive student.

2.0       Definitions.

2.1       Controlled Substance – Controlled substances include but are not limited to narcotic drugs, hallucinogenic or mind-altering drugs or substances, amphetamines, barbiturates, stimulants, depressants, anabolic steroids, and other controlled substances as defined in state or federal law. For the purposes of this policy, the following substances are also considered controlled substances:

2.1.1    Alcohol;

2.1.2    Prescription Drug – Any prescription drug without a current, valid prescription identifying the person possessing the drug as the owner or not taken or possessed in accordance with the District’s policy on administration of medications to students;

2.1.3    Counterfeit Drugs – Any substance that a student believes to be a controlled substance or that is represented to be such by a student, including but not limited to vitamins, supplements, or over-the-counter medications;

2.1.4    Over-the-counter medications when taken in a dangerous manner or in excess of the recommended dosage;

2.1.5    Plants, mushrooms, herbs or other natural or synthetic substances used for the purpose of altering the mind;

2.1.6    Inhalants or mind-altering gases;

2.1.7    Marijuana, even if legally purchased through retail establishments or prescribed, unless taken in accordance with the District’s policy on the administration of medical marijuana to students. “Marijuana” means a cannabis product in any form with a delta-9 tetrahydrocannabinol (thc) concentration greater than 0.3 percent and includes nonsmokeable products such as edibles. 

2.2       Use – Lighting, chewing, smoking, inhaling, applying or otherwise ingesting a controlled substance.

2.3       Possession – Bringing, possessing or having in one’s control a controlled substance or drug paraphernalia.

2.4       Sale – Exchanging money or any other item of value in a transaction where a controlled substance is exchanged.

2.5       Distribution – Providing a controlled substance to others regardless of the exchange of money or item of value.

2.6       Transfer – Passing a controlled substance to others.

2.7       Solicitation – Communicating about the potential sale, purchase, transfer or distribution of a controlled substance, even if no exchange was completed.

2.8       Drug Paraphernalia – Possessing or bringing any equipment, product or material which is used, intended to be used or designed for use in introducing a controlled substance into the body.

2.9       Under the Influence – When a student has ingested, inhaled, or applied a controlled substance or when a student’s behavior, condition, speech, appearance, odor, well-being or the well-being of others is affected by the use of a controlled substance.

2.10     Opioid Antagonist – Naloxone or a similarly acting drug that is not a controlled substance and is approved by the FDA for the treatment of an opioid overdose or suspected overdose.

2.11     Non-Laboratory Additive Detection Test – product that is designed or intended to detect the presence of an additive to a synthetic opioid or an immediate precursor to a synthetic opioid (such as Fentanyl testing strips).

3.0       Sanctions and Interventions.

3.1       Students are subject to disciplinary action up to and including suspension and expulsion for any single controlled substance offense.

3.2       Offenses and consequences for controlled substance violations will be cumulative for a period of two (2) consecutive school years. Offenses confirmed from schools prior to enrollment in the District may apply toward the cumulative total.

3.3       The sale, distribution, transfer or solicitation of a controlled substance, regardless of the exchange of an item of value, will result in a suspension of five (5) days out of school. Expulsion may be initiated in accordance with District Policy 5010, regardless of whether or not it is a first offense. Alternative to expulsion options may be considered by school administration as described in District Policy 5010.

3.4       Controlled substance offenses resulting in arrests or felony charges, or those during which the violating student endangered the immediate safety of others, including driving other students while under the influence of a controlled substance, will result in a suspension of five (5) days out of school. Expulsion may be initiated in accordance with District Policy 5010. Alternative to expulsion options may be considered by school administration as described in District Policy 5010.

3.5       Controlled substance offenses other than those involving the sale, distribution, transfer or solicitation as defined in this policy will typically result in the following sanctions and intervention opportunities:

3.5.1    1st offense –Suspension for up to three (3) days out of school. Alternative to suspension opportunities may be considered by school administration as described in District Policy 5010.

3.5.2    2nd offense –Suspension for up to five (5) days out of school. Alternative to suspension opportunities may be considered by school administration as described in District Policy 5010.

3.5.3    3rd offense –Suspension for five (5) days out of school. Expulsion may be initiated in accordance with District Policy 5010. Alternative to expulsion options may be considered by school administration as described in District Policy 5010.

4.0       Due Process. Due process as described in District Policy 5010 will be followed when discipline sanctions may result for violations of this policy, except that when a student is recognized to be under the influence of a controlled substance and school officials believe the student’s judgment is impaired, due process procedures may be delayed until immediate health and safety needs are first addressed.

5.0       Notification of Parent or Guardian. Parents will be notified following an initial investigation and determination that a student is believed to have violated this policy, after any emergency health or safety needs are first addressed.

6.0       Consultation with Law Enforcement. School officials may consult with law enforcement regarding suspected violations of this policy that may rise to the level of criminal violations and shall cooperate with any investigation that may result.

7.0       Suspicion of Use or Influence.

7.1       Self admission by the student suspected of being under the influence of a controlled substance without a valid prescription constitutes sufficient evidence to proceed with disciplinary action.

7.2       If a student is suspected of but denies being under the influence of a controlled substance, except with a valid prescription, trained school and law enforcement officials may administer sobriety tests to determine if the student is under the influence.

7.2.1    Attempts will be made to contact parents prior to the administration of sobriety tests.

7.2.2    Failure to grant permission to participate in or allow sobriety tests does not prohibit administrators from proceeding with disciplinary action when reasonable suspicion exists that a student is under the influence of a controlled substance.

7.3       If a student is determined to be under the influence of a controlled substance, discipline sanctions shall proceed as described in this policy.

7.4       If parent(s) disagrees with the determination of school or law enforcement officials that the student is under the influence of a controlled substance, the parent may have the student complete a sobriety assessment within 6 hours of the incident. Such assessments will be at parent(s) expense and must be administered by a provider approved by the District. The results of the sobriety assessment must be provided to school administration within five (5) calendar days following the suspension to be considered.

8.0       Release of Student. In the event that a parent or guardian is not available to safely take custody of a student who has been determined to be under the influence of a controlled substance, law enforcement will be consulted and may take custody of the student at their discretion.

9.0       Opioid Antagonist. State law prohibits the discipline of a student for possessing or administering an opioid antagonist on school grounds, on a school bus, or at any school-sponsored event. However, the District reserves the right to impose disciplinary consequences if such possession or administration constitutes a violation of District Policy 5000.

10.0     Non-Laboratory Additive Detection Test. Pursuant to state law and this policy, a non-laboratory additive detection test is not drug paraphernalia. As a result, it is not a violation of this policy for a student to possess a non-laboratory additive detection test while on school grounds, on a school bus, or at any school-sponsored event.

LEGAL REFERENCES:
C.R.S. 22-1-119.3
C.R.S. 22-1-119.7
C.R.S. 22-32-109.1
C.R.S. 22-33-106(1)(d)
C.R.S. 25-1.5-106(12)(b)
C.R.S. 25-14-103.5

CROSS REFERENCES:
Policy 3550
Policy 5000
Policy 5010
Policy 5420
Policy 5425

Adams 12 Five Star Schools
Most Recent Adoption: May 9, 2025