418 Procedure: Drug-Free Workplace

I.    DEFINITIONS

A.    “Alcohol” includes any alcoholic beverage, malt beverage, fortified wine, or other intoxicating liquor. 
B.    “Controlled substances” include narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, anabolic steroids, or any other controlled substance as defined in Schedules I through V of the Controlled Substances Act, 21 U.S.C. § 812, including analogues drugs.
C.    “Edible cannabinoid product” means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not a drug.
D.    “Nonintoxicating cannabinoid” means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by injection, inhalation, ingestion, or by any other immediate means.
E.    “Toxic substances” includes glue, cement, aerosol paint, or other substances used or possessed with the intent of inducing intoxication or excitement of the central nervous system. 
F.    “Use” includes to sell, buy, manufacture, distribute, dispense, possess, use, or be under the influence of alcohol and/or controlled substances, consume in any manner, including, but not limited to, consumption by injection, inhalation, ingestion, or by any other immediate means, whether or not for the purposes of receiving remuneration or consideration.
G.    “Possess” means to have on one’s person, in one’s effects, or in an area subject to one’s control.
H.    “School location” includes any school building or on any school premises; in any school-owned vehicle, or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district; or during any period of time such employee is supervising students on behalf of the school district or otherwise engaged in school district business.
I.    “Sell” means to sell, give away, barter, deliver, exchange, distribute or dispose of to another, or to manufacture; or to offer or agree to perform such an act, or to possess with intent to perform such an act.

II.    VIOLATION

Employees will notify their Supervisor in writing within five days of being convicted of a criminal drug statute violation occurring on a school location. An employee who violates this policy may be required to satisfactorily participate in a drug abuse assistance or rehabilitation program approved by the school district. If the employee fails to participate satisfactorily in such program, the employee may be non-renewed or employment may be suspended or terminated. Disciplinary action against employees in violation of this policy will be in accordance with Policy 403, Discipline, Suspension and Dismissal of School District Employees and any applicable collective bargaining agreements.

III.    NOTICE OF POLICY
The school district will provide each newly hired employee and each employee assigned to work on any federal grant with written notice of Policy 418 Drug-Free Workplace and will be required to sign an acknowledgement of receipt of Policy 418 (see Appendix A to Procedure 418).

Appendix A: Notification and Acknowledgement of Drug-Free Workplace Policy

Legal References

Minn. Stat. § 151.72 (Sale of Certain Cannabinoid Products)
Minn. Stat. § 152.01, Subd. 15a (Definitions)
Minn. Stat. § 152.0264 (Cannabis Sale Crimes)
Minn. Stat. § 152.22, Subd. 6 (Definitions; Medical Cannabis)
Minn. Stat. § 152.23 (Limitations; Medical Cannabis)
Minn. Stat. § 169A.31 (Alcohol-Related School Bus or Head Start Bus Driving)
Minn. Stat. § 340A.101 (Definitions; Alcoholic Beverage)
Minn. Stat. § 340A.403 (3.2 Percent Malt Liquor Licenses)
Minn. Stat. § 340A.404 (Intoxicating Liquor; On-Sale Licenses)
Minn. Stat. § 342.09 (Personal Adult Use of Cannabis)
Minn. Stat. § 342.56 (Limitations)
Minn. Stat. § 609.684 (Abuse of Toxic Substances)
Minn. Stat. § 624.701 (Alcohol in Certain Buildings or Grounds)
20 U.S.C. § 7101-7122 (Student Support and Academic Enrichment Grants)
21 U.S.C. § 812 (Schedules of Controlled Substances)
41 U.S.C. §§ 8101-8106 (Drug-Free Workplace Act)
21 C.F.R. §§ 1308.11-1308.15 (Controlled Substances)
34 C.F.R. Part 84 (Government-Wide Requirements for Drug-Free Workplace)

Cross References:    MSBA/MASA Model Policy 403 (Discipline, Suspension