Medical Marijuana Policies Changing in Schools

While medical marijuana has been legal in schools for several years, the reality is that in most instances, it has been practically unavailable because schools refused to allow its storage at the school—thus requiring a student's parent or caregiver to come to school during the day to administer it. In some cases, schools simply banned the use of medical marijuana altogether. That is now changing.

SB 21-056 has removed the discretion of schools to allow medical marijuana to be stored or administered on school property. The act additionally requires school boards to implement policies allowing for the storage, possession, and administration of cannabis-based medicine by school personnel. In other words, students may not be denied the use of marijuana where they have a valid medical recommendation.

One aspect of the law that may raise some eyebrows is that students, under the new required school district policy, will be allowed to possess and self-administer non-smokable medical marijuana. In other words, kids will be walking around campus with a substance that is still illegal at the federal level. With that said, school district policies may restrict self-administration where it determines that there is a significant risk of harm to the student or other students.

This new law is currently in effect. If you have questions or need help developing a policy, as required by the act, please let us know. We would love to assist you.