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SB21-056

Expand Cannabis-based Medicine At Schools

Concerning expansion of the opportunities to administer medical marijuana at school to a student with a valid medical marijuana recommendation, and, in connection therewith, making an appropriation.
Session:
2021 Regular Session
Subjects:
Education & School Finance (Pre & K-12)
Liquor, Tobacco, & Marijuana
Bill Summary

Under current law, school districts must permit primary caregivers to possess and administer cannabis-based medicine on school grounds and school principals are given the discretion to permit the storage, possession, and administration of cannabis-based medicine on school grounds by school personnel. The bill removes the discretion from the school principals and requires school boards to implement policies allowing for the storage, possession, and administration of cannabis-based medicine by school personnel. The bill allows school personnel to volunteer to possess, administer, or assist in administration of cannabis-based medicine and protects those who do from retaliation. But school personnel are not required to administer medical marijuana and cannot be retaliated against for refusing. The volunteer or school personnel who administers the medical marijuana must do so pursuant to the instructions or plan for administration from one of the student's recommending physicians, including the dosing, timing, and delivery route instructions . The bill imposes a duty on school principals to create a written treatment plan for the administration of cannabis-based medicine and on school boards to adopt policies regarding actual administration.

The bill provides disciplinary protection to nurses, anyone licensed pursuant to title 12, and school personnel who administer cannabis-based medicine to students at school. The bill provides civil and criminal immunity to school personnel who act in good faith in administering cannabis-based medicine to students at school. The bill requires schools to treat cannabis-based medicine recommendations like prescriptions. The bill does not apply to a private or nonpublic school, and it does not apply a public school located on federal land if the federal government prohibits administration of medical marijuana at a school located on federal land .The bill appropriates $15,419 to the department of education from the general fund to purchase legal services from the attorney general.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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