The University of Montana does not allow marijuana on campus - even if a student has a state-issued medical marijuana card, officials said Friday.
The prohibition, they said, comes because UM must adhere to federal regulations that prohibit the use of marijuana.
Break the rules and a campus risks the loss of its federal dollars.
"We're not unsympathetic to the medical conditions of these people, but we don't have the authority to do anything about it," said David Aronofsky, UM chief legal counsel.
In 2004, Montana was the 10th state to allow patients with certain medical conditions to use marijuana to alleviate pain if recommended by a physician. Last October, the Obama administration announced a non-interference policy in medical marijuana operations that adhere to state law.
Since that time, UM public safety officers have encountered instances where students possess a state-issued medical marijuana card and are found with pot in their possession on campus.
But federal regulations prohibiting drugs in workplace and school environments keep UM from allowing marijuana use on campus - even if state law permits it for some, Aronofsky said. Most of UM's federal funding comes in the form of research dollars, which amount to more than $67 million annually.
"State medical marijuana laws can't override the federal laws," Aronofsky said. "So we have no choice than to follow the federal laws."
Last year, a disabled student living in campus housing was reprimanded for growing marijuana plants, even though he had a state-issued medical marijuana card. When a UM student who had a state-issued card tried to get permission to use marijuana, the university decided to readdress its housing policy.
Freshmen are generally required to live on campus their first year of college. However, UM decided it's possible to waive that requirement for students with a medical-marijuana card, Aronofsky said.
In 2008, UM Public Safety responded to 48 drug possession calls and issued 45 citations. Most of them involved either marijuana or drug paraphernalia, said Jim Lemcke, director of public safety. That's compared to the two previous years, when drug possession citations broke 70 at UM.
***
At Curry Health Center, physicians now receive inquiries from students asking for a recommendation for a medical marijuana card.
As part of routine weekly training sessions, UM officials and members of the medical marijuana industry gathered on Tuesday to update Curry Health Center employees on UM prohibition against medical marijuana use or possession.
Little can happen as far as criminal prosecution is concerned. It's legal under state law and federal authorities have said they won't prosecute minor marijuana infractions.
The students, however, are still subject to the UM Student Conduct Code, which does not allow the "illegal use, possession or distribution of any controlled substance."
The policy was in place before the Montana Medical Marijuana Act was adopted. Punishment can range from a warning to expulsion, Aronofsky said.
Messages left for UM Dean of Students Charles Couture inquiring about how these types of situations are ordinarily handled were not returned Thursday.
***
It is possible for a public university to have federal funding taken away if it allows marijuana use on campus, said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws. He's not aware of any state university or college that allows marijuana use, despite a handful of states that permit such use, he said.
"It's one of the last vestiges of not easily dispensed problems associated with cannabis," he said.
At the same time, St. Pierre calls it illogical to allow lawfully obtained prescription drugs but prohibit medical cannabis.
"We are looking for consistency," he said.
In fact, it's not even quite clear if Montana's marijuana law precludes universities. The law says that patients cannot use on school property. That was not intended to mean university campuses, said Tom Daubert of Patients and Families United, a group representing medical marijuana patients and their families.
"We weren't thinking of universities at the time," he said. "Whether a court would equally apply that to a university, I don't know. There's no case law interpreting the wording on that part of the law."
NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Missoulian
Author: CHELSI MOY
Contact: Missoulian
Copyright: 2010 missoulian.com
Website: UM prohibits medical marijuana on campus for fear of losing federal funds
The prohibition, they said, comes because UM must adhere to federal regulations that prohibit the use of marijuana.
Break the rules and a campus risks the loss of its federal dollars.
"We're not unsympathetic to the medical conditions of these people, but we don't have the authority to do anything about it," said David Aronofsky, UM chief legal counsel.
In 2004, Montana was the 10th state to allow patients with certain medical conditions to use marijuana to alleviate pain if recommended by a physician. Last October, the Obama administration announced a non-interference policy in medical marijuana operations that adhere to state law.
Since that time, UM public safety officers have encountered instances where students possess a state-issued medical marijuana card and are found with pot in their possession on campus.
But federal regulations prohibiting drugs in workplace and school environments keep UM from allowing marijuana use on campus - even if state law permits it for some, Aronofsky said. Most of UM's federal funding comes in the form of research dollars, which amount to more than $67 million annually.
"State medical marijuana laws can't override the federal laws," Aronofsky said. "So we have no choice than to follow the federal laws."
Last year, a disabled student living in campus housing was reprimanded for growing marijuana plants, even though he had a state-issued medical marijuana card. When a UM student who had a state-issued card tried to get permission to use marijuana, the university decided to readdress its housing policy.
Freshmen are generally required to live on campus their first year of college. However, UM decided it's possible to waive that requirement for students with a medical-marijuana card, Aronofsky said.
In 2008, UM Public Safety responded to 48 drug possession calls and issued 45 citations. Most of them involved either marijuana or drug paraphernalia, said Jim Lemcke, director of public safety. That's compared to the two previous years, when drug possession citations broke 70 at UM.
***
At Curry Health Center, physicians now receive inquiries from students asking for a recommendation for a medical marijuana card.
As part of routine weekly training sessions, UM officials and members of the medical marijuana industry gathered on Tuesday to update Curry Health Center employees on UM prohibition against medical marijuana use or possession.
Little can happen as far as criminal prosecution is concerned. It's legal under state law and federal authorities have said they won't prosecute minor marijuana infractions.
The students, however, are still subject to the UM Student Conduct Code, which does not allow the "illegal use, possession or distribution of any controlled substance."
The policy was in place before the Montana Medical Marijuana Act was adopted. Punishment can range from a warning to expulsion, Aronofsky said.
Messages left for UM Dean of Students Charles Couture inquiring about how these types of situations are ordinarily handled were not returned Thursday.
***
It is possible for a public university to have federal funding taken away if it allows marijuana use on campus, said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws. He's not aware of any state university or college that allows marijuana use, despite a handful of states that permit such use, he said.
"It's one of the last vestiges of not easily dispensed problems associated with cannabis," he said.
At the same time, St. Pierre calls it illogical to allow lawfully obtained prescription drugs but prohibit medical cannabis.
"We are looking for consistency," he said.
In fact, it's not even quite clear if Montana's marijuana law precludes universities. The law says that patients cannot use on school property. That was not intended to mean university campuses, said Tom Daubert of Patients and Families United, a group representing medical marijuana patients and their families.
"We weren't thinking of universities at the time," he said. "Whether a court would equally apply that to a university, I don't know. There's no case law interpreting the wording on that part of the law."
NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Missoulian
Author: CHELSI MOY
Contact: Missoulian
Copyright: 2010 missoulian.com
Website: UM prohibits medical marijuana on campus for fear of losing federal funds
