An 11 year old brings some ibuprofin to school without telling the school, and gives one ibuprofin pill to another 11 year old at that school.
My question is, while this is probably very much against school rules everywhere in the US, and certainly involves at least a small amount of risk in case of allergies), still, is it typically actually illegal?
Former narc here: I can’t think of anything that I could charge them with (at least, anything that I think is both ethical and likely to stick).
IANAL, but assuming that this hypothetical is taking place in the United States, ibuprofen is a legal, OTC medicine. I’m having a hard time picturing how the situation described in the OP could be a violation of a law.
If the first kid induces, tricks, or forces the pill on the second kid there might be something to look into, but none of those scenarios is because the pill was ibuprofen.
Legally I can’t imagine there being an issue. School policy though could prohibit such a thing. School policy is allowed to be harsher than the law.
To some extent, the fact that it is presumably otherwise legal is why a specific school policy about it would be needed. Otherwise some general provision about students not violating the law would suffice.
I can’t think of anything either. I know most schools have very strict rules about OTC medications but that doesn’t make it illegal.
I believe that violating school policy can itself be some flavor of illegal. So, for example, a cop can write a ticket for a student who cusses out a teacher. I don’t know the legal justification.
If the ibuprofin were represented as some other drug than I would bet yes. Probably not if it wasn’t.
Around here “disturbing the peace” is the traditional catch-all charge for people causing trouble. It seldom results in a conviction, but it gives the cops an excuse to haul the offender away for a while to cool down in a holding cell.
A kid at my son’s school got suspended for a day and huge kerfuffle for giving another kid A FLINTSTONES VITAMIN at lunch. It was kind of a “trade you this for your cookie” scenario. We all got memos about it that seemed to indicate it was verboten for them to trade any of their lunch items. And if a kid brought some medication to school that he had to take, or might have to take, it had to go through the school nurse, even if it was OTC. And the nurse only worked mornings. This was like 25 years ago.So it’s been a policy for awhile.
Oh, yes. Schools are serious as cancer about pills beings brought in by students. All types of punishments are applied. But, illegal in a broader sense? I am not so sure.