Springfield Smitty wrote:
I would imagine that the school's policies pertaining to students would trump any state laws in that scenario. Just as they do on college campuses (as I understand it).
I was 18 when I graduated (on time) and I could not smoke on campus because I was a student and the school had a "no tobacco" policy for students. I had to leave the campus (walked to the sidewalk right in front of the school, or got in my truck and pulled out of the parking lot) to smoke.
I also assume (yes, I know...) that schools have a zero tolerance policy regarding alcohol and that the 21 year-old student would not be allowed to drink while on campus, or be under the influence as far as that goes.
Both of the aforementioned policies further restrict legal activity, but I assume ther are valid / legal because they pertain to students enrolled in the school. If you don't like the policy, choose another school.?!?...
I'm not quite sure. But I believe that preemption applies to firearms and not to tobacco or liquor.
My high school had a zero-tolerance tobacco rule as well. In fact, it was forbidden to even possess tobacco on school grounds... even in your vehicle parked in the lot... even if you were 18 or older.
I wrote for the school paper and I remember presenting an editorial discussing the issue. I wondered, out loud, how many of the school faculty members smoked... and whether or not they left their cigarettes at home. My contention was that if a student's vehicle was susceptible to a tobacco search at any given moment, then so should a school employee's vehicle. And if the student were to be suspended for possessing tobacco (especially if they were 18), then so should any faculty member found in possession of it.
The editorial never made it to final print. Gee... I wonder why.
True story: My high school principal had a hard on for me. He knew I smoked but could never catch me doing it. He used to tell me, quite often, that he would catch me before I graduated and that would be it for me. I used to tell him he'd never catch me because I wasn't stupid enough to bring cigarettes on campus. One day he stopped me in the hallway and conducted a search of my coat pockets. He found one piece of nicorette gum... it wasn't even labeled... it was just a loose piece in my pocket. He was so sure he had me... I thought he creamed his pants.
When I was passed down to the Assistant Principal, I articulated my case. First, I was 18 (I was born late, so I start school late)... and as the school policy was written, "anyone under the age of 18 shall not posses nicotine" and "tobacco product (are) prohibited on school grounds." I politely explained to the Assistant Principal that A) They couldn't be sure the contraband in question really WAS nicorette unless they tested it. B) Even if it WERE determined to be nicorette, it would be considered nicotene and not tobacco... and as the policy was written, I was not in violation because I was 18 years old. She just looked at me and said, "You're a good kid... go back to class."
The principal was pissed haha. Ran into the Assistant Principal some years later, after she had retired, and we had a nice conversation. She remembered me clearly. I thanked her for letting me off the hook that day. She let me in on a little secret about the principal at the time: He was a raging prick that nobody liked very much.
