Education Code 38.006 | ||
(2) or possessing tobacco products at a school-related or school-sanctioned activity on or off school property. (3) School personnel are to enforce the policies on school property. |
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Possession of Tobacco Products Depends Health/Safety 161.252 (a) An individual who is younger than 18 years of age commits an offense if the individual: (1) possesses, purchases, consumes, or accepts a cigarette or tobacco product; (b) It is an exception that the individual younger than 18 years of age possessed the cigarette or tobacco product in the presence of: an adult parent, a guardian, or a spouse of the individual. An offense under this section is punishable by a fine not to exceed $250. | * Ignore the punishment you have just read. Here is how it really works. Remember, smoking is prevalent in today’s society. This policy is a joke. | |
(a) On conviction the court shall suspend execution of sentence and shall require the defendant to attend a tobacco awareness program approved by the commissioner. The court may require the parent or guardian of the defendant to attend the tobacco awareness program with the defendant. (c) If the defendant resides in a rural area of this state where access to a tobacco awareness program is not readily available, the court shall require the defendant to perform 8 to 12 hours of tobacco-related community service instead of attending the program. (d) This is seen as remedial and not as punishment. (e) 90 days to have completed the program or community service. If the program is completed the court shall: 1. if previously convicted of this 2. if not previously convicted then discharge the defendant and dismiss the complaint or information against him. | * The “not readily available Tobacco Awareness Course” could easily be manipulated by a court so as to provide a child with 8 to12 hours of community service punishment only. This tactic is likely to be used on a second offense. From personal experience, I know many students dread community service because it ruins several weekends. Also, it is the one thing that a parent’s money cannot buy. Ironically, the court may provide the child with the option of performing his community service at your campus. You may decline his services at your school. However, you do not have to make it easy on him by having him work 2 track meets. You can have him pick up trash, vacuum, clean erasers, and clean graffiti. If you do not tell the student what he is going to do upfront then you can have him do plenty of real work. If you have any problems with his attitude or with the quality or quantity of his work then notify the judge. The judge can give him partial credit for his hours completed and make him work the remaining hours. If he is like most students, he will procrastinate until the last week of the 90 days and will have to do as you say because of the fear of having his driver’s license suspended. | |
161.254 Driver's License Suspension or Denial (a) If the defendant does not provide the evidence required within the time specified the court shall order the Department of Public Safety to suspend or deny issuance of any driver’s license or permit to the defendant. The order must specify the period of the suspension or denial, which may not exceed 180 days after the date of the order. * In case your worried about the student’s future read 161.255.
| If you remember what the law says it punishes possession of a tobacco product. You do not have to witness a teenager blowing smoke rings in your face. Mere possession of a single cigarette is enough to convict. It is not difficult to walk behind a student in a classroom and see a package of cigarettes in a purse or in a book bag. It is easy to stand in the back of a classroom and tell students to pull out notebook paper and a pen and literally watch students open up book bags and purses before your eyes to locate pens and loose leaf paper. Also, open lockers during passing periods are wonderful opportunities to locate cigarettes in plain view. For many educators the hardest smokers to catch are the ones in locked bathroom stalls. Even worse, there is always a student lookout to protect them. If you peer or peak you are in a lot of trouble. However, if you smell or see smoke and later view 2 or 3 students coming out of a single locked bathroom stall together then charge all of them with Consumption of Tobacco. Let the students’ lawyers clean up the mess. Perhaps you could even exchange some school community service hours in lieu of a ticket.
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161.255 Expungement of Conviction
| Possession of a Tobacco Product includes rolling paper and pipes. If you confiscate a pipe treat it carefully so you do not loose any of the residue inside. There is a big difference between taking a Tobacco Awareness Course and incurring a felony for Possession of a Controlled Substance. Rolling papers have a dual purpose and you cannot automatically assume the student is a drug addict because of their presence. Unless you find marihuana flakes or seeds you will be hard pressed to assume anything other than tobacco use. | |
