Maryland - Alcohol and Drug-use Prohibitions or Restrictions: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
regulation; statute
Summary: 

State law prohibits the sale, possession, or use of alcohol or controlled substances andencourages districts to refer students to treatment or offer “safe harbor” immunity from disciplinary action when students seek help for substance use disorders.

2017 Code of Maryland 13A.08.01.08 Substance Use or Distribution.

A. Alcohol and Other Drugs. Students are prohibited from possessing or using, or both, alcohol or other drugs without a physician's prescription, in any form on the school premises.

B. Tobacco. Students are prohibited from possessing or using tobacco in any form on the school premises.

C. Alcohol and Other Drugs Policy. Consistent with Regulations .11--.15 of this chapter, COMAR 13A.08.02, and other applicable law, a local board of education shall adopt a policy on alcohol and other drug use or possession, or both, by students, which shall address at least the following areas:

  • (1) Purpose;
  • (2) Definition of terms;
  • (3) Rules for student behavior;
  • (4) Student referral procedures;
  • (5) Procedures for investigating policy violations;
  • (6) Due process requirements;
  • (7) Provision of emergency medical care;
  • (8) Confidentiality of students' educational records;
  • (9) Alcohol and other drugs policy dissemination;
  • (10) Staff training; and
  • (11) Drug education curriculum.

D. Coordination with Local Law Enforcement.

  • (1) The local board of education shall notify local law enforcement officials of the local board of education's alcohol and other drugs policy.
  • (2) The local board of education, to the extent possible and consistent with applicable law, shall coordinate efforts with local law enforcement officials to:
    • (a) Prevent alcohol and other drug abuse by students;
    • (b) Detect the possession of alcohol or illegal drugs by students on school premises;
    • (c) Adopt standard operating procedures regarding the reporting of activity related to alcohol and other drug abuse on school premises;
    • (d) Adopt standard operating procedures regarding the investigation of activity related to alcohol and other drug abuse on school premises; and
    • (e) Adopt standard operating procedures regarding the seizure and storage of contraband.

2017 Maryland Code Education 7-412. Preservation of rights of student seeking to overcome drug abuse

(a)  Inadmissibility of statement of student. -- If a student seeks information to overcome any form of drug abuse, as defined in § 8-101 of the Health - General Article, from a teacher, counselor, principal, or other professional educator employed by an educational institution that has received a certificate of approval under § 2-206 of this article, a statement, whether oral or written, made by the student or an observation or conclusion derived from the statement is not admissible against the student in any proceeding.

(b)  Rules and regulations may not require disclosure. -- A rule, regulation, or order may not require disclosure of any report, statement, observation, conclusion, or other information that has been assembled or obtained by an educator through this contact.
General Assembly of Maryland

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