My son took his Adderall to school.

[whattodob]

What is the name of your state (only U.S. law)? Michigan

My son is 14 and a freshman in high school, he gets good grades, never been in any serious trouble. Three weeks ago his school calls me down because he was found with drugs. I have no idea why but he had a pill bottle with a variety of pills: Adderall XR 10mg & 20mg, heartburn medication & Tylenol. The Adderall 20's are his and the 10's belong to my other son. He wasn't selling them or doing anything with them however he gave one of the Adderall to a classmate who asked for it. My son was suspended for 10 days with recommendation for expulsion. The police were called, they filed a report (telling me the entire time "its just procedure ma'am, I am sure nothing will come of it"). As if facing the school board won't be bad enough today I got court papers. I have to bring my son in to be fingerprinted before they schedule the pretrial hearing for: Controlled Substance - Possession/Analogues by minor.
I have a locked cupboard I keep meds in but I slacked off on taking the key. I know my son didn't realize the seriousness of the pills or intend to sell them. My questions are: What does this pretrial mean? What can happen to him and me? What do I do??? I am afraid they are going to take my kids away.

 

[cyjeff]

Giving drugs away carries the exact same penalty as selling them.

You are going to have to get your arms around this.

There is absolutely no reason why your son would be carrying around a variety of pills. Especially in the same bottle.

There is more going on here than you want to believe there is.

 

[whattodob]

Are you kidding me?
"Get my arms around...", wow, what incite!
I don't care about your judgmental opinion or psychoanalysis.
If you don't know the answers to my questions then find someone else to "help".

 

[cyjeff]

Are you kidding me?
"Get my arms around...", wow, what incite!
I don't care about your judgmental opinion or psychoanalysis.
If you don't know the answers to my questions then find someone else to "help".

Back off.

You keep saying that you KNOW your son isn't selling drugs at school. What I am telling you is that the judge isn't going to share that opinion.

For a minute.

Selling drugs on school grounds carries a mandatory expulsion plus enrollment in an alternate school.

It is also illegal to carry prescribed medication in a container other than the one the pharmacist put them in.

It is also illegal to carry prescribed medication not your own.

It is also illegal to give prescribed medication your own or not your own to another individual UNLESS you left out your son's pharmacist or medical degree.

Minimum? Your son is expelled and gets a fine and community service.

Maximum? Your son spends some time in juvy, gets a fine and community service and then is expelled and gets to go to school with the other drug dealers.

You need to understand that this is NOT a question of "my son didn't know"... his actions show intent and design.

You need to realize that your son is not an innocent here... a victim of a bad choice. He is a criminal that now must be provided with EXCELLENT legal counsel.

And you need to really worry about the child services people. They are going to wonder how many "lapses" you have had with your children's medication... because this OBVIOUSLY has happened more than once.

Well, obvious to everyone but you.

 

[whattodob]

cyjerk,

I don't need to lie to YOU. I don't need to convince YOU, I gave the basic facts as I know them. I left out the part where the principal and everyone involved stated he was NOT selling them but you prolly don't believe that. I also did not give details as to why my son takes the meds but you already KNOW that he is a sneaky snake waiting to pull one over on stupid me.

I don't know where YOU grew up, but it must have been sad for you to be so negative and nasty. What a fraud, trying to make yourself feel better by kicking people when they're down and all under the guise of "helping". How do you sleep at night (rhetorical)?

As for the lengthy reply, had you done that the first time, less the attitude I would have thanked you instead I am just glad you answered my unasked question as to why this is free.

Seriously, you should look into anger management, you could snap at any minute.

 

[FarmerJ]

W your sons choice to bring the meds and to give one to a class mate was not a wise choice SO now on to your possible choices, I think a wise choice would be to consult with a atty to assist you with negotiating his consequences especially if he is DD, If he has a history of not understanding the possible consequences of his actions this is something to discuss with the atty . you already have a locked cab for the meds , perhaps it is time to double lock them ,meaning get a decent small metal tool box and pad lock it then place it in the locked cab. BTW if by chance your son is DD contact social services to learn what might be available for DAC support during days when he is not at school so this way he will be supervised in a structured environment if your work schedule does not permit you to supervise on school workshop or teacher conferance days, holiday breaks etc.

 

[Antigone*]

cyjerk,

I don't need to lie to YOU. I don't need to convince YOU, I gave the basic facts as I know them. I left out the part where the principal and everyone involved stated he was NOT selling them but you prolly don't believe that. I also did not give details as to why my son takes the meds but you already KNOW that he is a sneaky snake waiting to pull one over on stupid me.

I don't know where YOU grew up, but it must have been sad for you to be so negative and nasty. What a fraud, trying to make yourself feel better by kicking people when they're down and all under the guise of "helping". How do you sleep at night (rhetorical)?

As for the lengthy reply, had you done that the first time, less the attitude I would have thanked you instead I am just glad you answered my unasked question as to why this is free.

Seriously, you should look into anger management, you could snap at any minute.

You came here for information, and it was given to you. Take off the rose-colored glasses.

The one who needs anger management and maybe evenparenting classes is you.

 

[Indiana Filer]

You came here for information, and it was given to you. Take off the rose-colored glasses.

The one who needs anger management and maybe evenparenting classes is you.

Completely agree. As a juvenile probation officer, parents like this one are the worst to work with. They refuse to acknowledge their special snowflake did anything wrong, and even if they did, the system is wrong to punish the special snowflake.

 

[slwx]

not a legal expert

just wanted to point out that adderall is a schedule II controlled substance.
it's more serious that if he had shared some OTC or an unscheduled prescription drug.

prescription drug abuse is reported to be the big thing with kids now so they may take this very seriously in court even if they don't think he was selling it.

my son was prescribed adderall XR -- i broke the law and took one because i wanted to see what kind of affect it would have on him -- i would never want any child that didn't seriously need that drug to take it -- it was serious stuff.

i'm guessing that your son is ADHD if he's on adderall. i understand the impulse control issues and social issues that can come along with it. i'm guessing that his intentions were to impress some new friends if he truely wasn't selling it. lots of times it's very hard for these kids to fit in and they'll try all kinds of things. i'd strongly suggest some counseling regardless of what the courts decide if he doesn't already attend sessions.

 

[cyjeff]

cyjerk,

Cute.

How long did THAT take to come up with?

I don't need to lie to YOU. I don't need to convince YOU, I gave the basic facts as I know them. I left out the part where the principal and everyone involved stated he was NOT selling them but you prolly don't believe that. I also did not give details as to why my son takes the meds but you already KNOW that he is a sneaky snake waiting to pull one over on stupid me.

And there it is... the ever present "Gotcha!" moment when, due to the fact you didn't give the facts, you think you have trumped me on the facts and your son isn't TRULY a drug dealer that broke into the medicine cabinet that YOU left open and wasn't REALLY in possession of not only his own but a variety of other medications that he was dispensing to the other children on school grounds.

You don't have to convince me of jack-dammit. You have to convince a judge. So far, all you have done is say, "MY son isn't a drug dealer" or "there is a very good reason he is a drug dealer" or "he didn't know that the drugs he was taking - the same ones you have under lock and key - were special drugs that shouldn't be given away."

Whose fault would that be? Mom.

I don't know where YOU grew up, but it must have been sad for you to be so negative and nasty. What a fraud, trying to make yourself feel better by kicking people when they're down and all under the guise of "helping". How do you sleep at night (rhetorical)?

Much of my rest comes from the fact that my children aren't drug dealers.
How is your rest coming?

As for the lengthy reply, had you done that the first time, less the attitude I would have thanked you instead I am just glad you answered my unasked question as to why this is free.

Goody. More stuff you didn't post.

Your son still did the crime. Your son still stole meds and gave them away. You seem to want to him and haw until everyone throws a massive pity party and maybe, just maybe, gives the boy a nice ice cream for all the trouble he has suffered on behalf of those mean police officers.

If you think he is having difficulty with the other kids NOW, wait until you see the lovely and equally innocent children in the alternate school.

Seriously, you should look into anger management, you could snap at any minute.

Nope, just fine, thanks.

I tell you what, I will start taking anger management classes the moment you finish up your parenting ones.

Cause lady, you need it... before your younger kid starts selling, too.

 

[cyjeff]

You came here for information, and it was given to you. Take off the rose-colored glasses.

The one who needs anger management and maybe evenparenting classes is you.

Thanks.

if she thinks I am harsh because I didn't genuflect at her story, wait until she meets the judge...

The same judge that has only heard "he is a good boy that didn't know pushing drugs on a playground was wrong" about a million times.

 

[>Charlotte<]

Also, it's 'probably'. Not 'prolly'. Three syllables, not two. And there's a "b" in there.

I'm just sayin'.

 

[WONTTAKNO]

whattodob, best advice is to get competent legal counsel. Since the advent of the zero tolerance system you're going to meet some of the most appalling people you will ever have to deal with. i believe mark twain said those who make rules can't make decisions and that includes juvenile probation officers. cyjeff i believe she wanted some advice on her current situation as it applies to her not the benefit of your life experience but rather legal advice. start off with the atty and you maybe able to slow the wheels of justice enough to catch up. it my help to get statements from friends, clergy, coaches etc. as to the general demeanor of your son. just a suggestion.

 

[quincy]

I agree with the others that what your son did was serious and can have serious consequences. You would be wise to speak with an attorney well-versed in special education law, to ensure your son's rights are protected.

The Supreme Court has held that students have a property interest in education that requires minimal due process protections before any discliplinary suspension can be imposed (Goss v Lopez). Your son should have received an oral or written notice of the charges against him, an explanation of the facts against him, and the opportunity to present his side of the case prior to his suspension.

It will be smart to have an attorney with him when you go before the school board.

Under the IDEA Amendments of 1997 (20 USC 1400 et seq), under §1415 (k)(4), before school personnel can suspend or expel a student who has a disability and who violates a school policy, the school must determine whether or not the student's conduct is related to the disability. This should be done within 10 days of the incident by your son's IEP team. The review must ensure that your son's disability (and, like slwx, I am assuming he has ADHD or a related disability) did not impair his ability to understand the impact and consequences of his behavior. You should discuss with the attorney you see whether the school has followed the proper procedures.

If no connection between his disability and the drug "sharing" can be found or was found, your son will be subject to the same discliplinary procedures that any student would be subject to for abusing drugs on school property. Drug abuse includes any instance in which a drug is stolen, illegally sold, given away or traded; possessed or ingested without a prescription, or otherwise involved outside of sanctioned uses. As sclx mentioned, Adderall is a Schedule II drug and its distribution to others is more serious because of this.

The usual consequences in similar circumstances is that the student is suspended, then assigned to an alternate school. Expulsion is also possible. Compliance with the drug policy in Michigan schools is mandatory and the policy is outlined in your son's student handbook that he had to read and sign and have you read and sign at the start of school.

Again, this is serious stuff and there will be consequences. You should consult with an attorney to see that your son's due process rights are protected, both in the school and in court.

 

[bonnieg416]

Slacked off on locking up teen narcotic med???

WOW...your choice of words there to justify your responsibility in thIs is outrageous.....

I AM BY NO MEANS A PERFECT PARENT, THERE ARE THINGS I HAVE SLACKED OFF ON DOING WITH MY KIDS, DONT TAKE THEM TO DENTIST AS OFTEN AS I SHOULD, STOP FOR FAST FOOD MAYBE TOO OFTEN,BUT SLACKING OFF ON PROTECTING A ADD TEEN FROM HIS NARCOTIC MEDS AND HIMSELF??

I AM A ADD PARENT AND MY SON HAS IT ALSO, THE SYMTOMS ARE SELF REGULATION, ORGANIZATION, SELF CONTROL, SELF ESTEEM ISSUES, ETC...

I HAVE HAD PEOPLE WHO KNOW HAVE ADD CURIOUS ABOUT THE MED AND DIDNT COME OUTRIGHT AND SAY IT BUT WANTED TO TRY ONE.

BEING AWARE OF TEEN PRESSURE AND ISSUES OF RAMPANT PRESCRIPTION DRUG USE IN HIGH SCHOOL I KNEW HE WOULD NOT BE ABLE TO HANDLE PRESSURE AND MAY BREAK UNDER PRESSURE OF BEING ASKED...

HE DOES NOT HAVE ACCESS TO HIS NARCOTICS AND DOES NOT KNOW WHERE I KEEP THEM...MAYBE SOMEDAY HE WILL BE ABLE TO REGULATE SELF CONTROL AND MONITOR HIMSELF AND DO THIS...I GIVE HIM MED IN MORNING AND WATCH HIM SWALLOW IT

YOU ARE RESPONSIBLE FOR THE LEGAL ISSUES OF YOUR SON BY NOT PROTECTING HIM FROM HIMSELF.....UNTIL YOUR SON SEES U STAND UP AND ACCEPT YOUR RESPONSIBILTY IN THIS, NEITHER WILL HE...YOU ARE NOT A VICTIM IN THIS BECAUSE THE SCHOOL CHANGED THERE MIND AND DECIDED TO TAKE ANOTHER COURSE