cannabisnews.com: Pot Smoker's Suit





Pot Smoker's Suit
Posted by FoM on September 13, 1999 at 08:53:25 PT
By Robert W. Gee, American-Statesman Staff
Source: Austin American-Statesman 
SAN MARCOS -- It was windy on that January day, and Bryan Anderson had never tried so hard to light a joint.
Standing before television cameras and a crowd of about 100 people, the Southwest Texas State University student finally lit his hand-rolled marijuana cigarette, took a long drag and within moments was arrested by university police and whisked off to the Hays County Jail. Since that day 20 months ago, when he staged a public protest against SWT's student drug policy, Anderson has missed a year of school, lost his financial aid and spent two days in jail. And his crusade has only begun: Anderson filed a lawsuit against the university earlier this month for its handling of his two-semester suspension and is seeking a court injunction to stop SWT from enforcing its zero-tolerance policy. Administrators shrug off the suit, saying their policy of automatic suspension for students caught with drugs may be strict, but it is both appropriate and just. They say only a few students have ever complained about the policy. On the surface, Anderson, 23, looks like the average college student. He wears T-shirts, shorts and sandals. His hair ranges halfway down his neck. He likes live music and works part time at a local pizza place. He is a geography major. He is also an activist and a marijuana smoker. His No. 1 cause since arriving on campus three years ago has been to fight against the university's zero-tolerance drug policy, which he says is unfair and unconstitutional. "I definitely don't get anything out of this," Anderson said. "I didn't do this for myself. It doesn't glorify me. If anything, it caused more difficulties in my life. It was something I felt strongly enough about that I thought I could make a difference." But Anderson, who grew up in Sherman, a North Texas town that doesn't allow alcohol except in private clubs, is merely the latest to carry the torch of a student campaign started at least five years ago when the student government passed a resolution requesting the university to rescind the drug policy. The request was refused. Then students presented the university with a petition with 2,000 signatures -- 10 percent of the student body -- again requesting that the policy be dropped. Again the university refused, students say. The zero-tolerance rule, adopted by the Texas State University System a decade ago, mandates a minimum suspension of more than one semester, and often two semesters, for possession of any usable amount of drugs. Students caught smoking one joint are automatically suspended, usually for two semesters, administrators say. "Sometimes, they're just young kids who make mistakes," said Vincent Morton, assistant dean of students and coordinator of student justice. "(But) if they come in and they say they used (marijuana), it's two semesters -- no exceptions. It's a hard pill to swallow sometimes, but that's the rule, and you have to be consistent." Nine of every 10 students suspended under the rule are guilty of possession of less than two ounces of marijuana, an amount law enforcement usually considers to be for personal use. In the state's criminal justice system, possession of less than two ounces of marijuana, a Class B misdemeanor, carries a maximum sentence of 180 days. But police say it rarely results in jail time if it's a first offense and often can be expunged from a person's record. Drug possession is the only violation of the student code with a mandatory punishment. "It's a one-size-fits-all policy," said David Sergi, a San Marcos attorney who has taken on Anderson's case without payment but could recover his fees if Anderson wins. "Don't take a machete and cut off a year of a student's education when a slap on the wrist will do. . . . We're not talking about big-time drug dealers. We're talking about kids with very small amounts." At the University of Texas, a student determined to be in possession of a small amount of marijuana is rarely suspended, officials say. Instead, the student would usually be given probation and kicked out of university housing. The zero-tolerance policy at SWT may be harsh, officials say, but it works. None of those found guilty of drug use have repeated the offense. But more than half of the 55 students suspended for drug use at SWT in the past two years have never returned, administrators say. "The policy is meant to be a human policy in that it's intended to have teeth but it's also intended to give the president and the university flexibility as far as enforcement," said Fernando Gomez, vice chancellor and general counsel for the Texas State University System. Several years ago, the Board of Regents amended the policy to allow the university president to probate a suspension. That option has never been exercised at SWT. Morton and other SWT administrators are careful not to judge the policy. They also don't defend it. They say they simply follow the rules. As for Anderson, officials say there should be no question as to his guilt and punishment. "This is not a kid caught innocently experimenting with drugs," Gomez said. "This is a kid that, flaunting the rules, stood on campus at high noon . . . and smoked a (marijuana) cigarette." That's exactly the point, Anderson says. "We tried all the other avenues that we could through the university," he said. "The petition and the legislation should have been enough for the university to say, `This is a concern.' But they didn't." Anderson and others also criticize the university for not applying the zero-tolerance drug policy for faculty and staff members. There is no mandatory punishment for a university employee found guilty of drug possession. Anderson was tried in the criminal case in May. A jury found him guilty and sentenced him to two days in jail and a $5 fine. Anderson served the two days and now is also suing the sheriff's department for not awarding him good time credit of one day. Hays County Sheriff Don Montague could not be reached for comment. Anderson also served his suspension from the university and re-enrolled at SWT this fall as a junior. But he lost his federal financial aid and other grants, he said, and so can afford to take only two classes. "It's taken its toll for sure, and I'm ready to go on to something else," Anderson said. "But this is something to follow through, to see all the way to the end." You may contact Robert W. Gee at bgee statesman.com or (512) 392-8750. By Robert W. GeeAmerican-Statesman StaffMonday, September 13, 1999
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