Will Illinois college students be able to enjoy smoking a joint or consuming cannabis in foods once the recreational use of cannabis is legal? The answer will depend on whether Illinois colleges and universities are afraid of losing their federal funding for violating federal laws regarding marijuana. Illinois universities and colleges may prohibit marijuana use on their campuses to comply with federal regulations.
Marijuana Use on College Campuses and its Effect on Federal Funding
The Controlled Substances Act and the Drug-Free Schools and Community Act address the use of marijuana at college and university campuses. If Illinois colleges and universities permit recreational marijuana use on their campuses, they might violate provisions in these federal laws and, in turn, lose their federal funding.
Under federal law, cannabis is still considered a Schedule 1 illicit drug. Thus, possession and use of this drug are still regarded as illegal under federal law, regardless of whether states have legalized marijuana. Indeed, Illinois’ recreational marijuana law directly conflicts with federal statutes. Illinois’ Cannabis Regulation and Tax Act will come into effect on January 1, 2020. When it does, Illinois residents age 21 and over will be able to consume and possess recreational amounts of cannabis and cannabis-related products.
Many colleges and universities are playing it safe and choosing to prohibit any possession or marijuana use at their campuses completely. Jason R. Kilmer is an associate professor and the head of the University of Washington’s Health & Wellness for Alcohol & Other Drug Education program. He contends that four-year college campuses in states that legalize marijuana use need to amend their student policies. Campus-wide policies must clearly state what types of marijuana use if any are acceptable on the campus. Campuses should also uniformly enforce their marijuana bans, applying the regulation equally to all students.
Illinois Colleges will Likely Continue to Prohibit Marijuana Use on Campus
Losing federal funding would be a significant and possibly fatal blow to Illinois colleges and universities. Many universities continue to ban recreational cannabis use even after their respective state legislatures legalize it.
The University of Maryland’s drug policy states that if a student is caught possessing or selling any illegal drugs, including marijuana, that student will likely face suspension or expulsion. Similarly, the University of California explicitly prohibits any marijuana on campus, despite recreational marijuana use being legal throughout California.
Most of the colleges and universities in states that have legalized recreational marijuana have not changed their prohibitions on using or possessing the drug while on campus. Even the University of Colorado, Boulder, has not changed its marijuana prohibition policy, despite Colorado being a flagship state for recreational marijuana legalization.
If You are Facing a Marijuana-Related Criminal Charge in Illinois, We can Help
A recent study showed that since marijuana became legalized in 2015, more Oregon colleges used marijuana than before the legalization. Illinois college students could follow the same path and use more marijuana upon its legalization. It is difficult for universities and police officers to determine someone’s level of marijuana impairment.
Unlike alcohol, the tests for marijuana usage are not well-studied or reliable. If you are facing a drug-related charge in Cook County, the skilled criminal defense attorneys at Glasgow & Olsson have experience being university faculty and have a unique perspective on this issue. We are here to help. To contact us, please fill out our online form for an initial consultation.
(image courtesy of Cole Keister)