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I was recently charged with a misdemeanor for drug (marijuana) paraphernalia. Can my school punish me for it?

Oakdale, CA |

I was caught over the weekend and no where near school grounds . Of course my school mates found out and it was the main gossip of today . The school advisers found out and now i am being suspended and i am not allowed to participate in extracurricular activities . Do they have the right to punish me even though i wasn't on school grounds and had nothing to do with them ?

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Attorney answers 3


Your school can punish you. They have the ability to do so. The extent of punishment is always up for debate. They can definitely suspend you from extracurriculars.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.


Yes, the school has the authority to address, punish, exclude from activities, and suspend for illegal activities, and not infrequently, they do.


Off campus a marijuana pipe is not illegal, period, end of story. If you were arrested for the marijuana pipe, you need to hire an attorney. There is case law the states the weed pipes are not illegal. You could also challenge the schools decision not to allow you to participate in these activities. Whether you are successful in being able to participate is another story.

You or your parents should contact an attorney to help preserve your rights.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst


THANK YOU, Tai, for pointing this out. So many people don't know this.