Colleges respond to new marijuana legislation

Though marijuana was legalized in Connecticut this week, don’t expect to see more students lighting up around college campuses or cultivating cannabis in dorms.

Gov. Ned Lamont signed a bill on Wednesday legalizing the use and possession of recreational marijuana for adults ages 21 and older starting July 1. Growing up to six cannabis plants at home will be defelonized on that same date though still grounds for infractions.

The legislation makes Connecticut the 19th state, plus the District of Columbia, to legalize the substance.

But although the bill makes several nods to higher education, college kids are unlikely to see much change in school policy. Federal law, which still classifies cannabis as a Schedule 1 substance, will deter many colleges and universities from total regulation overhaul.

“On-campus use and possession will continue to be prohibited,” said Leigh Appleby, a spokesperson for Connecticut State Colleges and Universities with 16 public campuses, including the state community colleges, and one online college. “Failure to comply with federal drug-free campus policies can jeopardize our ability to receive funding.”

The new cannabis law bans smoking in any area of a school building or college dormitory, but it could also put new protections in place for students.

Starting this summer, colleges could be prohibited from refusing to enroll, expelling or otherwise penalizing students for a positive drug test for THC. They could also banned from revoking financial aid, student loans or expelling a student for use or possession of small amounts of cannabis. There are caveats though if compliance violates federal law or jeopardizes federal funding.

Policies scheduled for January 1 of next year would make the law even more protective: “No such policies and procedures shall result in a student facing greater discipline, punishment or sanction for use, sale or possession of cannabis than a student would face for the use, sale or possession of alcohol,” reads the legislation.

However, just about all institutions of higher education are bound by the federal Drug-Free Schools and Communities Act, which requires campuses curb the possession, use, cultivation or selling of federally classified illicit substances, including marijuana.

Under the legislation, any college or university that receives federal dollars needs to have a drug policy addressing marijuana, or risk losing that funding.

“We worked closely with the governor’s office and legislative leaders to ensure we could remain in compliance with federal drug-free campus regulations,” said Appleby of CSCU. “We don’t intend to regulate off-campus use. However, the bill does provide for some exceptions, such as mandatory drug testing for NCAA student-athletes.”

Private schools are subject to federal regulations too if they enroll students receiving Title IV funds — better known as government financial aid.

“University policy regarding cannabis remains unchanged as a result of the new state law,” Doug Whiting, associate VP for marketing and public relations at the University of New Haven, wrote in an email. “The use or possession of narcotics, cannabis or controlled substances, or possession of drug-related paraphernalia, is not permitted on campus or during university-sponsored, off-campus events.

“This policy is spelled out in both our Student Handbook and Employee Handbook and therefore applies to all students and all employees. The policy is applicable to student behavior off-campus as well as on campus,” said Whiting.

“As an institution that receives federal funding, we have to align our policies with those of the federal government regarding marijuana,” said Meagan Fazio, director of strategic communication at the University of Hartford. “For the past several years, the state of Connecticut has allowed marijuana use under certain conditions, but we have not.”

“We do anticipate University leadership will engage in further conversations on the topic as updated information is available,” she wrote in an email.

Proponents of the new law said its age requirement could curb underage use for children and young adults.

The legislation makes it a lesser Class D misdemeanor for those under 21 to lie about their age or use a fake ID in an attempt to buy cannabis. It will also be a Class A misdemeanor, the most serious in the state, to sell or provide cannabis to a person under 21.

And once retail sales begin, tentatively by the end of 2022, cannabis stores permitting people under 21 to loiter could be slapped with a $1,000 fine on the first offense, with subsequent incidences classified as Class B misdemeanors.