Information about juuling below is taken from the newsletter produced by the firm of KSB School Law, Cornhusker Plaza, 301 S. 13th St., Ste. 210, Lincoln, NE 68508.
Juuling is the new “vaping.” While e-cigs and vape pens have been around for a while, the “Juul” is the name-brand for a vaping device that heats up a cartridge containing oil to create a vapor. It has a tech-inspired design that resembles a USB flash drive and is small enough to be concealed in a closed fist, backpack, pocket, sock, or undergarment. It charges in a USB port, so it is easy to convince unsuspecting teachers that it is, in fact, a USB device.
A juul is hard to detect since it does not smell like cigarette smoke. Students can smoke from it and blow the vapor into a backpack or sweater. One pack of oil for a Juul contains the nicotine equivalent to 1-pack of cigarettes or 200 cigarette puffs. One hit off of a Juul can produce quite a buzz, which is also a huge appeal for students and creates a new generation of nicotine-addicted youth.
Juuls can also be used to ingest cannabis products (Liquid THC, Hash Oil, and Synthetic Marijuana (K2), opium (Fentanyl), bath salts, flakka (combination of Heroin and Methamphetamine or Crack) and hallucinogens and psychedelics (DMT). According to a recent TIME article, Juul now controls 72 percent of the e-cigarette market in the US.
This epidemic is so serious that, although the industry is not heavily regulated, the FDA has stepped in to determine whether Juul deliberately targets minors as consumers. The FDA has increasingly expressed alarm over the prevalence of vaping among youths in high school and even middle school, which its commissioner, Dr. Scott Gottlieb, said had reached “epidemic proportions.”
Nebraska Law. Under Neb. Rev. Stat. § 28-1418, it is unlawful for a minor under 18 to use tobacco or “alternative nicotine products” in any form whatsoever. In addition to nicotine, there are hundreds of videos on the internet that instruct students how to change the oil in e-cigarettes and Juuls to add THC and other marijuana derivatives, which would obviously be illegal under Nebraska law, as well.
Despite those prohibitions in the criminal code, there are two sticking points for schools. There is no way to know for sure what substance is contained in the device without testing the oil.
Additionally, Policy 5131.55 states “The use or possession of any tobacco product, including the use of vapor products, alternative nicotine products, or any other such look-alike product, is not permitted on school property at any time.”
With that said, the Student Discipline Act (SDA) allows schools to impose consequences for violations of Nebraska criminal law.
Solution to the problem. At SCNUSD #5, we feel the best way to combat the new Juuling craze is through school policy and education. The SDA allows boards of education to impose other “school rules” not specifically contained in the SDA. As listed in Policy 5131.55, SCNUSD #5 prohibits any vape product or cartridge on campus, no matter what’s in it. That way, if a student has any vape pen or other alternative product, extracurricular consequences can be imposed and short-term suspensions for violation of “school rules.” Any “repeated violation of school rules” can then be used to impose a more serious consequence, like expulsion.
SCNUSD #5 is asking that students refrain from bringing items that look like common vaping products and Juuls, in particular flash drives, to school. Flash drives which are not school-issued flash drives, could be confiscated to determine if it is, in fact, a Juul.
Ultimately, we believe the best approach is to educate our students and our parents to avoid having to impose discipline. Please let this letter serve as an alert to your family about Juuling and talk to your child, reminding him/her not to bring any type of vape, Juul or e-cigarette to school because it violates school policy.
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