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Title: Boy Suspended for Year & Prosecuted for Bringing A Leaf to School ("Reefer Madness" Strikes Again)
Source:
The Anti-Media
URL Source: http://theantimedia.org/boy-suspend ... for-bringing-a-leaf-to-school/
Published: Mar 16, 2015
Author: Carey Wedler
Post Date: 2015-03-17 11:11:36 by Deckard
Keywords: None
Views: 901
Comments: 9
BEDFORD COUNTY, VA — An 11-year-old boy has endured relentless attacks from the government for bringing a leaf to school that tested negative for marijuana. Nevertheless, he was suspended from school for a 364 days and charged with possession of marijuana On September 22nd of last year, students at Bedford Middle School reported to school authorities that a boy had a lighter and a bag with a leaf in it. He was “bragging” that it was marijuana, which violated the school’s zero-tolerance policy. The policy includes “imitation” or “look-alike” drugs. When officials found the “drug,” it led to the boy’s suspension, but vice-principal Brian Wilson and school resource officer M.M. Calohan took it a step further: they contacted the police, who charged him with possession of marijuana. His parents, Bruce and Linda Bays (both school teachers), are outraged. As the family’s lawyer, Melvin Williams, said: “Essentially they kicked him out of school for something they couldn’t prove he did…The field test came back not inconclusive, but negative…Yet she went to a magistrate and swore he possessed marijuana at school.” The Bays say the official story has changed several times. Their son claims he has no idea how the leaf got in his backpack. Linda, the boy’s mother, says Wilson initially said he had been in the bathroom with the lighter and leaf. Then Wilson said he was in the classroom. Wilson also said the boy claimed his parents grew marijuana in their backyard and that the boy said a high schooler gave him the leaf and lighter on the bus. His mother, Linda Bays, told the Roanoke Times: “I asked, ‘Can I see the leaf?’ and the deputy said, ‘No, it’s already in evidence.’ We have never seen the leaf. He’s been out of school for six months.” At a juvenile court hearing in November, the family learned that the prosecution was filing a continuance on the case because they had neglected to have the leaf tested. When the family rejected a continuance through their lawyer at the time, Emily Sitzler, the court revealed that they would drop the charges. The family learned that the leaf had actually been tested three times and repeatedly came back negative. Nevertheless, a new school hearing left the boy suspended from school, able only to attend an “alternative education” center where he would be patted down daily. He was allowed to study from home, but told that if he fell behind he would have to attend in person. According to the Times, Linda Bays says the boy has started seeing a psychiatrist at the behest of the school, who wanted him evaluated for “substance abuse” problems. The psychiatrist found no evidence of such a problem and recommended to the school that the boy be able to return to class. He has started attending a different school as of this week, but remains on strict probation until September. In the meantime, in February, the Bays filed a federal lawsuit against Wilson and Calohan, claiming malicious prosecution and violations of due process. The Bays experience is outrageous, but unfortunately nothing new. Students are punished harshly for benign actions: a boy was punished for sharing food with a friend while one student was suspended for “terroristic threats” for bringing a Lord of the Ring toy to school and acting out a scene from the movie. The policies that enable such punishments may be intended to promote safety but are misguided and damaging. By punishing students for things they do not understand are “wrong” (and aren’t wrong outside of authoritarian public schools), institutions are shaping young people to be terrified of non-conformity, disobedience, and freedom. As Linda Bays said, after the disciplinary hearing, “…he just broke down and said his life was over. He would never be able to get into college; he would never be able to get a job… Now their son is skittish about going out in public, suffers from panic attacks and is depressed. The psychiatrist is treating him for that.” –even after it was proven on multiple occasions that the plant was not weed.
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#1. To: Deckard (#0)
Hmmm. So what's the kid saying -- the school policy doesn't apply to him? "institutions are shaping young people to be terrified of non-conformity, disobedience, and freedom." And how would they be "shaping" children if they didn't enforce school policy?
They would be contributing to juvenile delinquency by causing socially inadequate adjustment on the part of the children to difficult situations and their capacity to adjust....they would be turning the children into more Deckards.
Yeah. What you said.
It was a FREAKING LEAF that was NOT marijuana! You zero-tolerance fascists are insane.
Hmm, if it were up to me I would make a law that those who use nickname Mr. White or imitation or look-alike and post inane posts praising police state get mandatory 5-year prison term. I am sure that a guy like you, who loves laws to be enforced no matter what would be overjoyed with long vacations at taxpayer expense.
You zero-tolerance fascists are insane. Zero tolerance is insane. In this case, it is enshrined in state law, but expulsion is not mandatory. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-277.08 A. School boards shall expel from school attendance any student whom such school board has determined, in accordance with the procedures set forth in this article, to have brought a controlled substance, imitation controlled substance, or marijuana as defined in § 18.2-247 onto school property or to a school-sponsored activity. A school administrator, pursuant to school board policy, or a school board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. A school board may, by regulation, authorize the division superintendent or his designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Such regulations shall ensure that, if a determination is made that another disciplinary action is appropriate, any such subsequent disciplinary action is to be taken in accordance with the procedures set forth in this article. Nothing in this section shall be construed to require a student's expulsion regardless of the facts of the particular situation. B. Each school board shall revise its standards of student conduct to incorporate the requirements of this section no later than three months after the date on which this act becomes effective. (1998, c. 655; 1999, cc. 706, 732, § 22.1-277.01:1; 2001, cc. 688, 820; 2011, cc. 384, 410; 2014, cc. 109, 312, 577, 674, 719, 765.) http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-247 A. Wherever the terms "controlled substances" and "Schedules I, II, III, IV, V and VI" are used in Title 18.2, such terms refer to those terms as they are used or defined in the Drug Control Act (§ 54.1-3400 et seq.). B. The term "imitation controlled substance" when used in this article means (i) a counterfeit controlled substance or (ii) a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance subject to abuse, and: 1. Which by overall dosage unit appearance, including color, shape, size, marking and packaging or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance in any other form whatsoever will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or 2. Which by express or implied representations purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the United States Food and Drug Administration. C. In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an "imitation controlled substance," there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public. D. The term "marijuana" when used in this article means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resin. Marijuana shall not include any oily extract containing one or more cannabinoids unless such extract contains less than 12 percent of tetrahydrocannabinol by weight, or the mature stalks of such plant, fiber produced from such stalk, oil or cake made from the seed of such plant, unless such stalks, fiber, oil or cake is combined with other parts of plants of the genus Cannabis. E. The term "counterfeit controlled substance" means a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug. (1975, cc. 14, 15; 1979, c. 435; 1982, c. 462; 1984, c. 684; 1992, c. 756; 1999, cc. 661, 722; 2004, c. 688.)
A school "resource officer" is a sworn law enforcement officer. M.M. Calohan is a Bedford County Sheriff's Deputy.
Bedford Virginia in just a bit south of the
"The policy includes “imitation” or “look-alike” drugs." What does that mean?
"He was “bragging” that it was marijuana, which violated the school’s zero-tolerance policy. The policy includes “imitation” or “look-alike” drugs."
#2. To: misterwhite, Deckard (#1)
And how would they be "shaping" children if they didn't enforce school policy?
#3. To: Gatlin (#2)
"They would be contributing to juvenile delinquency by causing socially inadequate adjustment on the part of the children to difficult situations and their capacity to adjust"
#4. To: misterwhite, Gatlin (#1)
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#5. To: misterwhite (#1)
And how would they be "shaping" children if they didn't enforce school policy?
#6. To: Deckard, misterwhite, Gatlin (#4)
It was a FREAKING LEAF that was NOT marijuana!
§ 22.1-277.08. Expulsion of students for certain drug offenses.
§ 18.2-247. Use of terms "controlled substances," "marijuana," "Schedules I, II, III, IV, V and VI," "imitation controlled substance" and "counterfeit controlled substance" in Title 18.2.
#7. To: Deckard (#0)
but vice-principal Brian Wilson and school resource officer M.M. Calohan took it a step further: they contacted the police
#8. To: Deckard (#0)
Peaks of Otter in the Blue Ridge Mountains
of Virginia. Lots of leaves up there.
But no marijuana leaves as far as I ever saw. 
#9. To: Deckard (#4)
t was a FREAKING LEAF that was NOT marijuana!
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