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Overview
Overview
Laws shape district policies and school practices.
Federal and state policymakers enact statutes and regulations intended to guide practice at the district and school levels. School Boards then adopt policies to comply with these laws or create their own where no law exists.
Although laws and policies alone don't guarantee change, understanding them is essential to support and monitor implementation.
Continue reading below to review the Tobacco-Free Schools Law and other relevant legislation.
Tobacco-Free Schools Law
Tobacco-Free Schools Law
This law helps create a safe and healthy school environment by banning all tobacco and retail marijuana product use on school property.
It requires school boards to adopt and enforce policies that prohibit students, staff, and visitors from using these products anywhere on school grounds.
Review the full Colorado Revised Statute at C.R.S. 25-14-103.5
Language Regarding Discipline and Expulsion for Tobacco Use
Language Regarding Discipline and Expulsion for Tobacco Use
Districts must adopt a policy that prohibits the use of all tobacco products on school property and at school sponsored activities by students, staff, and visitors. They must also establish rules to enforce this policy. However, no student may be expelled solely for using tobacco.
Review the full Colorado Revised Statute at this link- C.R.S. 22-32-109
Elimination of Zero Tolerance Policies
Elimination of Zero Tolerance Policies
Passed in 2012, Colorado House Bill 12-1345 ended zero tolerance policies by removing mandatory expulsions for most offenses (excluding firearms) and encouraging alternatives to discipline to reduce suspensions, expulsions, and law enforcement referrals.
Review the full Colorado Revised Statute at this link- C.R.S. 22-32-109.1
Restorative Justice Practices
Restorative Justice Practices
Encourages school districts to provide training and education in restorative justice practices, ensuring that qualified personnel and resources are in place to effectively carry out each step of the restorative process
Review the full Colorado Revised Statute at C.R.S. 22-32-144
Teen Tobacco Use Prevention Act
Teen Tobacco Use Prevention Act
The sale of a cigarette or tobacco products to a person who is under twenty-one years of age is prohibited. NOTE: Previously this law addressed possession of tobacco by minors, however, this language was repealed in 2020.
NOTE: Experts suggest that Minor in Possession (MIP) or Community-level “Possession, Use and Purchase” (PUP) laws detract from more effective enforcement and tobacco control efforts. Minor In Possession Brief.
Review the full Colorado Revised Statute at C.R.S. 25-14-301
Teaching about Alcohol, Tobacco, Marijuana, and Other Drugs
Teaching about Alcohol, Tobacco, Marijuana, and Other Drugs
School districts are required to provide age-appropriate, developmentally based education and prevention programs on drugs, tobacco/nicotine, marijuana, and alcohol for students in pre-K through 12th grade. These programs must address:
The legal, health, and social consequences of substance use
The impact of substances on the human body
Emotional, psychological, and social harms, along with risk reduction strategies
Positive social norms that support avoiding substance use
Per state law, this instruction must be taught as thoroughly and consistently as other required subjects, using materials and strategies approved by each district’s Board of Directors. Notably, the law does not mandate specific accountability or assessment measures.
Review the full Colorado Revised Statute at C.R.S. 22-1-110
Colorado Comprehensive Health Education Standards
Colorado Comprehensive Health Education Standards
Signed into law in May 2008, the Colorado Achievement Plan for Kids (CAP4K) established updated academic standards and assessments to ensure all students graduate high school prepared for college, careers, and life. As part of this law, Colorado also adopted Comprehensive Health Education standards, which include content on tobacco and nicotine prevention.
While all students are expected to receive instruction aligned with state standards, Comprehensive Health Education is not currently included in statewide assessments.
Minors Receiving Care for Substance Use Disorder Treatment and Mental Health Services
Minors Receiving Care for Substance Use Disorder Treatment and Mental Health Services
Under Colorado law, minors may consent to substance use treatment without parent or guardian involvement. Youth aged 12 and older may also access outpatient mental health services if they seek care voluntarily and it's clinically appropriate. Parental consent is not required unless the provider determines the minor cannot manage their own care. Providers are encouraged to involve parents when appropriate and may notify them with the minor’s consent, unless doing so would harm treatment. If a minor expresses suicidal intent, parent/guardian notification is required.
Note: District policies may differ. School staff should consult their district’s guidelines for referrals and services.
Resources
Resources
Colorado General Assembly- Laws: Link to Colorado laws.
Minor in Possession (MIP): Outlines how MIP approaches are not a best practice for addressing tobacco and vaping.
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