Drug laws are notoriously and often inappropriately harsh. Even Attorney General Eric Holder called mandatory minimum sentences for drug offenses "draconian."Oklahoma has some of the toughest drug laws in the United States, with many drug crimes carrying a maximum life sentence. Even simple possession canbe a felony drug crime.
As a reflection of the "tough on drugs" approach, many schools have enacted zero-tolerance policies for drugs. At first glance, having no tolerance fordrugs on school campuses seems to be a good thing. However, as we have seen play out with zero tolerance for weapons (remember the boy who was suspendedfor chewing his Pop-Tart into the shape of a gun?),such policies have little wiggle room for common sense.
Now another student has been suspended and disciplined under the excessive reach of "zero-tolerance." An 11-year-old boy in Virginia was suspended fromschool for a year after bringing a marijuana leaf to school. The boy was charged in district court with marijuana. He was evaluated by a psychologistfor substance abuse problems. The student, who had been in his school's gifted and talented program, was sent to the district's alternative educationprogram and home-schooled.
The only problem?
The "marijuana" leaf wasn't marijuana at all. It was just a leaf.
Although the law enforcement dropped the charge against the sixth-grader, the school held fast to its zero-tolerance stance, saying that district policyrequires suspension of students for possession of drugs or "imitation drugs."
Surely, the spirit of the law was intended to prohibit drugs and synthetic drugs on campus. However, because of the law, anything a student pretends isa drug or other students believe to be a drug is grounds for suspension. In a similar case, 7th grade students in the case were suspended as a resultof bringing a baggie of oregano to school.
There is some debate as to the cause of the allegations against the 11-year-old. School administrators say that the boy brought the leaf and showed itto friends, claiming it was a pot leaf. The boy's parents say a friend stuck the leaf in their son's backpack as a prank.
But no one is laughing now. As a result of his punishment, the child's parents say, "he's become withdrawn, depressed, and he suffers from panic attacks. He is worried his life is over . . . and that he will never get into college."
It is tough--in schools and courts alike--to balance a "tough on crime" approach with true justice and common sense. But as we see play out in courtroomsand classrooms around the nation, justice is not a one-size-fits-all construct. When we try to force issues into black and white and provide a singleoutcome for all scenarios through zero-tolerance policies and mandatory minimums, common sense is in short supply.
