Pubdate: Mon, 12 Dec 2011 Source: Arizona Republic (Phoenix, AZ) Copyright: 2011 The Arizona Republic Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html Website: http://www.azcentral.com/arizonarepublic/ Details: http://www.mapinc.org/media/24 Author: Kristena Hansen, The Republic WEST VALLEY SCHOOLS EYE OUTGROWTH OF MEDICAL POT Law Brings Job and Education Concerns Amid ongoing legal battles over Arizona's new medical-marijuana law, school districts face several conundrums. Can school employees be medical-marijuana cardholders, as state law allows, even though school districts receive federal funding and federal law considers marijuana illegal? How do districts determine if an employee is under the influence of marijuana, which state law prohibits? And, should the new law affect how schools teach drug prevention to students? Dawn McKinley, a parent in the Deer Valley Unified School District, said it does not bother her that some teachers may have medical-marijuana cards. "I don't think it'll compromise instruction," she said. "But I don't know if I'd be thrilled if I found out my kids' teacher was taking it to school." This fall, the Peoria Unified School District adjusted its policy to say it would not discriminate against current and prospective employees because they're cardholders. The board also clarified that being a cardholder does not exempt employees from bans on the drug on school-district property or being impaired while working. The neighboring Deer Valley district considered the same policy, drawn up by an organization that provides policy advice to Arizona school boards, but ultimately held off on making a change. "I don't think the policy provided any clarity, it just perpetuates confusion," Deer Valley board member Rob Edmund said. Since the law took effect in April, Arizona has issued more than 13,000 medical-marijuana cards and given almost 11,000 people permission to grow the drug themselves. Pot dispensaries, however, remain in legal limbo. Permits for as many as 126 dispensaries statewide have been on hold since May when Arizona called on the U.S. District Court to clarify whether its medical-pot law conflicts with federal drug statutes prohibiting the use, sale or cultivation of marijuana. A hearing in the case is set for Monday. The case is among six ongoing legal disputes over the law, and some outcomes could drastically change the medical marijuana landscape in Arizona. School funding effect? Schools are concerned about the law's implications as it relates to federal regulations, Edmund said. School districts are government agencies that depend on federal aid, so "how does that play out to schools that are federally funded?" he said. Ryan Hurley, attorney at Rose Law Group in Scottsdale who represents medical marijuana dispensaries, the issue lies with whether the federal government has the right to override state authority, or in this case, Arizona's medical-pot law. "It's a valid concern," Hurley said. "Anytime that you do anything that could possibly be perceived as contrary to federal law ... you run risk that you lose federal funding." The state has requested the federal court to give its opinion on the matter, which may clarify the law's impact on state and local employees as well as other government agencies, such as schools. Judging under influence The new law says employers cannot discriminate against cardholders, but it also clarifies that cardholders can't possess, sell or use marijuana on school-district property. The law gives employers the right to discipline cardholders if they are under the influence in the workplace. However, the law says cardholders can't be punished if a drug-test result shows an "insufficient concentration to cause impairment." That leaves employers, including school districts, wondering how that is measured. Arizona has determined that blood alcohol content over 0.08 constitutes intoxication, but the state hasn't declared similar metrics for marijuana. Edmund argues that ambiguity leaves employers in a vulnerable position. Deer Valley does not now drug-test employees when hired or otherwise. Bus drivers are the exception. Peoria does not do pre-employment drug screening, either. But Peoria can test bus drivers and any other employee suspected of being under the influence. "That's an issue that is being dealt with around the country," Hurley said. The problem is largely a lack of research, he said. It hasn't been necessary because, until the mid-1990s when California became the first state to allow medical marijuana, the drug was illegal everywhere. "I would imagine if our law doesn't get overruled then at some point our Legislature would have to take that up," Hurley said. Prevention lessons? Educators must also consider whether to change the way drug-prevention programs are taught. Programs now tell students that marijuana is an illegal and dangerous drug. Deer Valley and Peoria officials say instruction could be slightly tweaked to discuss marijuana as a prescription drug, legal under certain circumstances but not without health risks. Neither district expects any major overhauls immediately. Peoria board President Hal Borhauer said it's too early to tell whether such changes are necessary. He said it may not be wise to teach the differences of when certain drugs are and are not OK before students are mature enough to understand the distinction. "I don't think we should be telling them that there's a way they can get around it," Borhauer said. "They're not good for your body." With prescription-drug abuse on the rise nationally, critics say medical marijuana only adds another layer of confusion for youth. Medical marijuana laws Slightly more than half of voters passed Proposition 203, the Arizona Medical Marijuana Act, in November 2010. The law went into effect in April, enabling approved applicants to obtain a medical marijuana card for treatment of chronic and debilitating conditions, such as cancer, glaucoma, HIV/AIDS, hepatitis C and Alzheimer's disease. Cardholders must be at least 18, unless a child has parental consent. The state also gives permits to individuals for growing pot, under certain circumstances. Should the state ever lift its suspension on issuing dispensary permits, as many as 126 pot dispensaries could open throughout Arizona within specific geographic boundaries. - --- MAP posted-by: Richard R Smith Jr.