The document discusses the implications of Colorado passing legislation legalizing recreational marijuana use, while it remains illegal under federal law. It summarizes key aspects of the new state law and outlines various federal acts that colleges must still abide by, such as notifying students of drug laws and risks. The document recommends that higher education institutions in Colorado develop a commission to help create unified policies and educate students on how marijuana remains prohibited under federal financial aid rules.

1.  
ARIS KALEPS-CLARK

2. In this past year, Colorado passed voter led legislation for
the legalization of marijuana for recreational use. While this
legislation may have made this legal in the sate of
Colorado, it is still regarded as illegal by the federal
government. It is important for institutions of higher
education to be aware of the implications of this law and its
effect on state policy.

3. During the November elections, Colorado Amendment
64, a voter led initiative, legalized the following:
 The purchase of one ounce of marijuana for personal
usage
 The growth of up to six marijuana plants for personal
usage
 Commercial sale of marijuana (pending state regulations
in 2014)
 Any county in the state of Colorado is allowed to pass
ordinances to continue the ban of marijuana in their
town.
 While the state of Colorado may have passed legislation
allowing the sale and recreational use of small amounts

4. All Colorado institutions of higher education receive some
form of support from the federal government. If any College
or University receives support from the federal
government, they have to abide by their regulations. All
institutions of higher education in Colorado need to make
sure their policies are reflecting federal regulations to avoid
sanctions.

5. Higher Education Act:
 Title I, SEC. 120.20 U.S.C. 1011i states that all
institutions that wish to receive federal funding must
notify students and staff about state and federal
legislation regarding drug possession and usage.

6. Code of Federal Regulations
 Title 21, Chapter II, Part 1308.11, section d states that
marijuana is a hallucinogenic substance. The Drug
Enforcement Administration (DEA) has identified
marihuana as a controlled substance. The Drug Free
Workplace Act of 1988 requires that all employees be
informed of which controlled substances are federally
illegal and not allowed to be at the work place

7. Drug-Free Schools and Communities Act Amendments of
1989
 States that institutions of higher education cannot
receive federal funding unless they demonstrate to the
secretary that they have preventative measures against
drug usage. This includes, but is not limited to, sanctions
in a conduct and policy, dissemination of information
about illegal drug usage, counseling services, and health
risks, among others

8. Higher Education Opportunity Act
 An individual who has been charged with possession will
face one year of ineligibility for federal funding. A second
possession charge incurs a two year ineligibility
status, and a third possession will incur an indefinite
ineligibility for federal funding. For the sale of a
controlled substance, at the first offense, the student will
incur an ineligibility status of two years, for the second
offense, the student will be indefinitely ineligible for aid.

9. Because the legalization of marijuana was passed by a
public vote and was not state legislation, institutions of
higher education are not having to adjust as much as they
would have to were it state legislation. However this does
not mean institutions of higher education should not be
preparing to respond to the new laws.

10.  Develop a state commission on the management and
regulation of marijuana for institutions of higher
education.
o No University or College in the state of Colorado is outside of the
purview of the regulations of the HEOA. Bringing leaders from all
campuses together will help in creating a unified front on the
states stance about marijuana usage on campus.
o This commission can also be used to share best practices for
how to create educational/awareness programs on campus to
clarify the policy on marijuana usage. The information needs to
be disseminated to faculty and staff as well as students.

11. o The use of marijuana has potential implications for a student’s
financial aid eligibility. Special attention must be given to
financial aid offices to make sure that the information about
possession and sale of illicit drugs can render a student ineligible
for financial aid for a minimum of one year.
o This commission should also begin developing a plan for the
potential legalization of marijuana at a federal level. As the
conversation on the use of marijuana for recreational purposes
has moved forward, there is potential that we may see a cultural
shift leading to the full legalization of marijuana. If this is the
case, we should have a contingency plan developed for policy
changes and regulations.

12. We must recognize that students may not understand how
and why the federal policy still overrules state policy. We
must make an effort to clarify all the intricacies of the policy
so they understand what is legal and what is illegal. This is
especially important because of the potential for student’s
financial aid to be revoked, or the chance that they may be
ineligible to receive further funding.

13.  1998 amendments to the higher education act of 1965, Section 483
(1998).
 Cornell University Law School. (2013). 21 CFR 1308.11 - schedule
I.. Retrieved 4/06, 2013, from
http://www.law.cornell.edu/cfr/text/21/1308.11
 Drug-free schools and communities act amendments of 1989, 101-
226, 101Cong. (1989).
 Peterson, E. (2013). Marijuana legalization: Colorado and
washington state grapple with implementing new laws. Retrieved
4/6, 2013, from http://www.policymic.com/articles/22459/marijuana-
legalization-colorado-and-washington-state-grapple-with-
implementing-new-laws
 U.S. Department of Labor.Drug-free workplace act of
1988Requirements. Retrieved 4/06, 2013, from
http://www.dol.gov/elaws/asp/drugfree/screenr.htm