Students and Marijuana

Over the last two years, legislators in the Maryland General Assembly have made changes to the criminal law of simple possession of marijuana.   So has the University of Maryland, where housing termination and 2 year drug testing are no longer automatic penalties for minor drug violations under the Code of Student Conduct.   In addition, University of Maryland students may face an array of administrative punishments if the university’s Office of Student Conduct obtains jurisdiction.  

Efforts in the General Assembly in 2013 and 2014 to  decriminalize marijuana possession and treat small possessions as a civil and not criminal infraction finally garnered enough support to pass.  On April 5, 2014, the Maryland House of Delegates joined the Maryland Senate to enact historical changes to the Maryland drug laws by agreeing to make possession of less than 10 grams of marijuana a civil infraction, punishable only by fine. Consequently, an offender would not have a criminal conviction on his record.  The bill has been signed by Maryland Governor Martin O'Malley and will become effective on October 1, 2014. 

For violators 21 and older, a first offense (possession of less than 10 grams of marijuana) would be treated with a fine of $100.00 with subsequent offenses treated by escalating fines. First and second offenders would be able to prepay the fine by mail.  However, for those between the ages of 18 and 20, a court appearance would be required.  If found guilty of the civil infraction, those under the age of  21 would likely receive drug education or treatment.   Sale, distribution, manufacturing, or possession of more than 10 grams of marijuana would remain criminal violations.

Students caught with marijuana in their dorm, on campus, or in close proximity to campus are likely to receive a notice from UM even if they also were criminally charged.  Depending on the offense, students face many options concerning University sanctions.   These may range from an educational course on drug use, community service, a probationary period, housing termination, drug testing, and even a suspension from the university if the quantity of marijuana is significant or there is evidence of sale or distribution.

Because of the importance of a good record, free of civil or criminal violations, a student immediately should consult and obtain representation from an attorney.  A student should not attempt to do it alone or represent himself in court as the implication to the student’s future is too serious. 

With 40 years of experience in handling such legal matters both in the Maryland courts and at the University of Maryland, I know how to eliminate or reduce exposure and damage that can result from such charges either in the courts or at the university.  So please call me at 301-779-7858 for a free 30-minute consultation.  My office is only one block from campus.   I can answer your questions and outline a course of action to keep your record clean or minimize any damage that could occur to you.

Graduate Students and the Law

With the costs of higher education increasing faster than the cost of  health care  in the United States, graduate students should ensure that legal problems or contractual disputes with the university will not destroy their educational investment.     This can happen in one of several ways.

University policy defines needed academic requirements and performance for graduate students.  Such policies become contractual obligations between the graduate student and his university.  For example, the number of credits for graduation, the writing components to graduate (i.e., thesis and dissertation) course requirements, which are set forth in university policy are contractual concepts binding both the student and the university.  Policies may be named differently from university to university.

By matriculating and paying tuition, students and the university enter into a basic contract.   If the university fails to perform its contractual duties by arbitrarily changing requirements, or arbitrarily denying course credit, or arbitrarily grading, a graduate student has a potential breach of contract action against the university.   Students should be cognizant of their rights, duties, and responsibilities set forth in policy and official college statements.

Academic dishonesty allegations against graduate students in tests or papers including plagiarism, cheating, and facilitation can do great harm to the student’s academic career if the charge leads to a finding of responsibility. Dismissal by either suspension or expulsion, a grade of “F” for the course or an “XF” denoting a failing grade due to academic dishonesty can all derail a student’s progress towards graduation.  Graduate students are wise to learn about the policies dealing with academic dishonesty and to seek an attorney who can provide guidance, legal help and assistance if such a charge is ever brought.

Finally, misdemeanor traffic charges against the graduate student can have serious consequences on driving privileges including loss of driving privileges. Such charges can involve driving under the influence of alcohol, driving with a suspended license or without insurance.  All violations carry jail time, significant fines, points, and a potential loss of license.

If any you are facing any of these legal problems, please call me for a free 30-minute consultation at 301-779-7858.