NMC Oresident Sharon Y. Hart said the college wants to have an environment conducive to the health of everyone.
“There were issues in the past, some problems on campus, especially its trash cans,” she said.
Regent Andrew Orsini, board personnel committee chairman, recommended the immediate adoption of the policy, saying the college has been promoting itself as a drug-free workplace.
But he also wants to clarify whether the actual possession of betelnuts or chewing them can be disallowed.
On Wednesday meeting, the board presided by vice chairwoman Ellaine Hocog-Orilla discussed Board Policy 907, which is regarding a “Drug-Free Workplace, Smoking Tobacco and Betel Nut Chewing.”
When sought for his opinion, the board’s legal counsel, former Supreme Court Justice Jesse C. Borja, said the Food and Drug Administration has labeled betelnut as a controlled substance.
However, he believes that the law is not strictly enforced.
“I met people in the [states] who say they buy betelnuts in stores,” he said.
Borja said any college receiving funds from the federal government usually sign a certification pledging that it will comply with any applicable federal law.
If [chewing is] allowed on campus, Borja said, “technically it may affect the grants that NMC gets.”
Regents Maria T. Peter mentioned then Guam-Congressman Robert A. Underwood’s bill lifting the ban on betelnut importation into the U.S. customs zone. She said the U.S. Congress passed the measure.
The U.S. allows the importation of betelnuts but these have to go through quarantine, she said, but added that some areas like Honolulu don’t allow betelnuts whether they’re “clean or not.”
Orsini wants the board legal counsel to look into the legality of disallowing betelnuts on campus and the federal law concerning the prohibition of betelnuts.
“It’s a case by case basis,” Borja said. The issue is whether federal law preempts any local law or a local custom, he added.
Regent William S. Torres mentioned a federal program that recognized betelnuts as specialty crops propagated on island.
“Not that we don’t want this [no chewing] policy,” Torres said, but added that they must clarify if betelnuts are specifically mentioned by law as controlled substance.
Regent Frank Rabauliman said the board is looking at prohibiting the “action” — chewing — but not necessarily the crop.
Honorary Regent Keo Keolester Buenpacifico, Associated Students of NMC vice president, said he will confer with other student leaders and come up with their position on the proposed policy.
