W. Va. Code R. § 126-23-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-23-4 - Definitions

4.1. "Alcohol" means any substance containing an intoxicating element.

4.2. "ATOD" means Alcohol, Tobacco and Other Drugs. ATOD is used to refer to the use of all substances including, but not limited to, alcohol, tobacco, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alikes and/or any other of those substances commonly referred to as designer drugs.

4.3. "Distribution" means the sale, giving, transfer, delivery, trade or exchange in any manner of any ATOD.

4.4. "Drug" means any substance that acts on the central nervous system to alter behavior(s) and/or thought processes.

4.5. "Illegal substance" means any drug which is not legally obtained and/or any drug being used by a person other than the person for whom it was prescribed and/or for a purpose contrary to which the drug was intended for medical therapy and/or against the recommendation(s) of the manufacturer.

4.6. "Paraphernalia" means drug paraphernalia as defined by W. Va. Code § 47-19-3 and any item, thing or device used for the facilitation or administration of tobacco products or other illegal substances.

4.7. "Possession" means the presence of ATOD or paraphernalia, in any amount, on the person or body, or under the general direction or control, of an individual found in or upon the premises described in Section 3.1. Possession shall include, but is not limited to, presence of ATOD or paraphernalia in a school locker or backpack or in or on any other item owned or under the general direction or control of any individual found in or upon the premises described in Section 3.1.

4.8. "Public" means any individual accessing school property or programs for business, activities, conferences, visitation or other activities as defined in Section 3.1.

4.9. "School" means any building, ground(s) or other property including automobiles or other vehicles owned or operated by the county board of education, RESA, West Virginia Department of Education or West Virginia Board of Education.

4.10. "School staff" means those individuals employed full time, part time or on contract with any county board of education, RESA, West Virginia Department of Education or West Virginia Board of Education.

4.11. "Student" means anyone who is enrolled in public school or enrolled in an educational program on board of education property.

4.12. "Tobacco product" means any items containing the leaves of cultivated tobacco plants, in any form or amount, dried and processed. Products include, but are not limited to cigarettes, cigars, snuff, spit tobacco, smokeless tobacco or pipe tobacco.

4.13. "Use" means ingestion, injection, absorption or inhalation of an illegal substance or being under the influence of said substance.

W. Va. Code R. § 126-23-4