Pot Penalties

By Philip Ellefson, Staff Writer ellefson15@up.edu

In Oregon, possessing less than an ounce of marijuana is a class C misdemeanor, a relatively minor violation punishable by a fine usually less than $650.

But despite Oregon's lenient marijuana laws, UP students who use the drug face discipline from the University if they are caught. So far this school year, the Office of Residence Life has held about 30 suspension hearings for students caught with marijuana or drug paraphernalia.

According to Student Conduct Coordinator Natalie Shank, there were 40 suspension hearings last academic year, almost all for marijuana violations. She said student marijuana use has gone up.

"Last year we saw a huge jump. This year is pretty much status quo with last year," Shank said.

Second offense suspension

James, a sophomore who asked The Beacon to withhold his last name, was suspended for a year after two incidents involving marijuana. According to James, he did not have any marijuana with him during the first incident on Nov. 6, 2012 , but was held accountable when Public Safety officers found two students smoking marijuana in his University-owned, off-campus house. The disciplinary action included a 10-page research paper on the effects of marijuana, 40 hours of community service and one year of probation.

The second incident happened Dec. 12 when Public Safety officers arrived at James' house and said they smelled marijuana. The officers searched James and found marijuana.

After the incident, James had a hearing and was suspended for a year. Although he would like to continue at UP after the suspension, he feels it would be hard.

"I would've liked to be suspended for just one semester so I could go back to UP, but this way it's like I'm kicked out," James said. "They make it easier to just transfer instead."

Opting to transfer

Although students like James often choose to transfer, UP stands by the importance of it's disciplinary actions for marijuana.

"It's about our community," Shank said. "We want our community to be safe, and that's why we take such a hard, fast line with marijuana."

Shank estimates that about one-third of suspended students return. She said the purpose of the yearlong suspensions is to get students back on track.

"We need you to take a time-out and go get help and show us that you've gotten help so we can welcome you back to our community with open arms," Shank said.

But some students, like sophomore Alex Miller, think the University's disciplinary actions are too strong.

"I understand that it's a Catholic school and they're trying to have a certain image, but I feel like [marijuana] is disproportionately punished," Miller said.

While most students caught with marijuana are not suspended, all students caught with drugs or drug paraphernalia have a suspension hearing with Shank and another officer. Shank said each case is looked at individually.

"There's a difference between personal use and possession and larger amounts for distributing," Shank said. "We take those into account."

Drug and alcohol policies differ

Some students believe that compared with the alcohol policy, UP's marijuana policy is too severe. Freshman Noah Forrest thinks marijuana is less of a problem than alcohol.

"I think drinking is more dangerous," Forrest said. "You don't hear stories about people overdosing on marijuana."

But Shank said the legality of alcohol makes it a less serious issue.

"Alcohol is a legal substance and marijuana is an illegal substance, and there's something different about when you bring illegal substances on campus," Shank said. "Bad things can happen. Drug dealers are criminals."

Shank said that depending on the case, alcohol use could also result in a student's suspension.

"Alcohol wouldn't rise to a suspension-level hearing unless something super egregious happens or it's a third- or fourth-time thing," Shank said.

Miller said that there is a generational divide on the perception of marijuana use.

"Older generations still kind of see it as a gateway drug," Miller said. "I think for people our age, it's a lot more socially acceptable."

Whether the offense is for alcohol or marijuana, Gregg said every suspension hearing is given appropriate attention.

"Every hearing I have participated in, there's a very careful weighing of the case," Gregg said.

Gregg said the rise in marijuana use is not surprising.

"We do live in the great Northwest," Gregg said. "I expect that next election [legalization of marijuana] will be back on the ballot."

Gregg does not expect students to stop smoking marijuana any time soon.

"It's college," Gregg said. "It's Portland."

 

Editors Note:

The Beacon has a policy to generally avoid the use of anonymous sources because we believe that our readers are entitled to know the identities of sources of information so they can evaluate for themselves their credibility.

We may make exceptions when we believe the public benefit of publishing a story that could best be told only with an anonymous source or sources outweighs the value of the policy.

In this case, we decided that because the story of student use of marijuana illuminates an important discussion on campus, we would grant anonymity to the student who spoke to us for this story. We do not make this exception lightly, but with the intent to inform the UP community about the punishment students face when caught with marijuana.

 

Oregon law on marijuana

Oregon State Law 475.864¹

Unlawful possession of marijuana:

(1) It is unlawful for any person knowingly or intentionally to possess marijuana.

(2) Unlawful possession of marijuana is a Class B felony.

(3) Notwithstanding subsection (2) of this section, unlawful possession of marijuana is a violation if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae. A violation under this subsection is a specific fine violation. The presumptive fine for a violation under this subsection is $650.

(4) Notwithstanding subsections (2) and (3) of this section, unlawful possession of marijuana is a Class C misdemeanor if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae and the possession takes place in a public place, as defined in ORS 161.015 (General definitions), that is within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

 

UP policy on marijuana

UP Drug Policy:

The choice to alter one's state of being through the use of drugs can have grave consequences on one's health, personal relationships, and long-term goals. In keeping with the University's focus on ministering to the whole person, the University of Portland will not tolerate the possession or use of such substances. More specifically, the possession, use, sale, distribution, or manufacture of marijuana (regardless of whether the student possesses a prescription for medical use), synthetic substances, or other drugs illegal under federal, state, or local law is strictly prohibited. The unauthorized possession, use, and/or distribution of prescription drugs is prohibited. Students are also prohibited from displaying or possessing drug paraphernalia. Any violation of this policy may result in serious consequences under the University student conduct process, including but not limited to suspension or dismissal.