Student Medical Marijuana Use At School

Under current law, a student with a medical marijuana recommendation is not permitted to use medical marijuana on school grounds, on a school bus, or at a school activity unless the district has adopted a policy permitting the use. The act allows a student to use medical marijuana on school grounds, on a school bus, or at a school activity if the student's primary caregiver possesses and administers medical marijuana in a nonsmokeable form to the student. The primary caregiver shall not administer the medical marijuana in a manner that is disruptive to the educational environment or causes exposure to other students. After the primary caregiver administers the medical marijuana, the primary caregiver shall remove any remaining medical marijuana from the grounds of the preschool or primary or secondary school, the school bus, or school sponsored event. The act allows a school district to adopt policies regarding who may be a primary caregiver and the permissible circumstances regarding the administration of the medical marijuana.

The act does not apply to a school district or charter school if:

• The school district or charter school loses federal funding as a result of implementing the act;
• The school district or charter school can reasonably demonstrate that it lost federal funding as a result of implementing the act; and
• The school district or charter school posts on its website in a conspicuous place a statement regarding its decision not to comply with the act.

The act prohibits a school district or charter school from disciplining a student or denying eligibility to attend school to a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school.

(Note: This summary applies to this bill as enacted.)