The Hancock County Board of Education will meet Monday, November 18 at 5:30 p.m. at the JDR Career Center. On the agenda for the meeting is the adoption of a policy addressing the possession of industrial hemp-based products by students enrolled in all schools in Hancock County. The policy would be effective immediately upon passage.
The policy has been out for comment for 30 days. The complete policy follows:
“The use and possession of hemp based products in the school by students present a clear danger to the health, welfare and safety of the Board’s students and employees. All students shall be made aware of this policy and its requirements as explained herein.
WHEREAS, The West Virginia Legislature has adopted the industrial hemp development act contained in West Virginia Code Chapter 19, Article 12E.
WHEREAS, West Virginia Code 19-2E-3 is the definitional section in the Act and the term industrial hemp as contained in this policy shall be identical to the definition contained in the said statute and shall apply to items commonly referred as VAPES, VAPE PENS, CARTS, CART PENS, PENJAMIN CART PENS, PENS, and any other device used to store and deliver a hemp based product.
WHEREAS, West Virginia Code 19-12E-12 permits regulated access to select hemp products and plant based derivatives which are naturally occurring as authorized by provisions of Chapter 12E of the West Code for adults 21 years of age and older, and
WHEREAS, West Virginia Code 19-12E-120 (r)(1) provides as follows: Any person under the age of 21 who possesses hemp-derived cannabinoid product is guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $1,000, or be confined to jail for not more than one year, or both fined and confined.
WHEREAS, based upon W;Va. Code 10-12E-12(r)(1), it is illegal for any person under the age of 21 to possess a hemp based product;
WHEREAS, The Hancock County Board of Education hereby adopts this policy to address and prohibit the possess of such products by any student enrolled in the county.
Now therefore, the Hancock County Board of Education hereby adopts this policy related to possession of a hemp based product: NO STUDENT UNDER THE AGE OF 21 SHALL POSSESS A HEMP BASED PRODUCT AS DEFINED IN W.VA. CODE 19-12E-3, including but not limited to items commonly called VAPES, VAPE PENS, CARTS, CART PENS, PENJAMIN CART PENS, PENS, and any other device used to store and deliver a hemp based product in an educational facility, on school grounds, a school bus, or at any school sponsored function or event.,
A violation of this policy by a student shall be considered a Level Three Violation pursuant to W.Va. State Board of Education Policy 4374 and a violation of this policy may result in an out of school suspension for up to ten days and possible expulsion for up to one school year.
The Hancock County Board of Education further hereby adopts the attached verification statement which will be used by the administrators in the Hancock County school district wherein a copy of the policy will be provided to all students, as well as the parents or custodians of students in the school district, and the students as well as the parents or custodians shall execute the same and return the signed verification statement to the students school principal and in addition, the policy itself shall also be posted online for public viewing by all members of the public, teachers, administrators, parents/guardians and students.
