7,008: Possession and Use of Marijuana
Revised: March 2018
The Βι¶ΉΣ³» System of Higher Education is sympathetic to the medical needs of our students, employees and visitors. A growing number of states, including Βι¶ΉΣ³», are enacting laws decriminalizing or legalizing the use, possession, delivery, manufacture, growth, distribution, production, and/or cultivation (hereinafter "use") of marijuana, including for medical purposes. Federal law prohibits the use of marijuana, including for medical purposes, on college and university campuses that receive federal funding. As established in the Board of Regents Handbook 4.1.34, the following provisions shall govern the possession and use of marijuana, including for medical purposes, on NSHE property.
1. The use, possession, or cultivation of marijuana, including for medical purposes, on any NSHE or NSHE foundation owned or leased property, or at any NSHE sponsored or authorized activity, is expressly prohibited.
2. Students, employees, faculty, guests, and/or visitors who violate this policy are subject to applicable disciplinary, legal and/or administrative action.
3. Each institution shall permit students who live on-campus or in housing that is owned or operated by the institution, to petition ("request") for a release from the housing agreement if they assert legal compliance with Βι¶ΉΣ³» state law to use medical marijuana. Such students, who prove their compliance with state law, may, in accordance with the applicable institution refund policy, be released from their housing agreements and may receive a prorata refund of housing fees or rent paid.
4. Each institution shall publish on its website and in its course catalog notice of the prohibited use, possession or cultivation of marijuana, including for medical purposes, on NSHE or institution property in accordance with the provisions of this section and as prohibited student conduct defined in Title 2, Chapter 10.
5. The Board of Regents recognizes the Βι¶ΉΣ³» Legislature's stated commitment to a program evaluating the medical use and distribution of medical marijuana to be conducted by the University of Βι¶ΉΣ³» School of Medicine. Any NSHE institution may engage in medical marijuana research that is conducted in accordance with state and federal laws and regulations, provided that the following are obtained: (a) the prior written consent of the President of the institution, after consultation with the institution's general counsel; and (b) legal authorization from the proper federal authorities for approved research purposes.
(B/R 3/17)