NEPN/NSBA Code: JLCDA
MEDICAL MARIJUANA IN SCHOOLS
The Board recognizes that there may be some students in the MSAD #60 schools who rely on the use of medical marijuana to manage a medical condition and who may be unable to effectively function at school without it.
Maine law provides that a “primary caregiver” (defined as parent, guardian or legal custodian under Maine’s medical marijuana law, 22 MRSA § 2423-A (E) may possess and administer marijuana in a non-smokeable form in a school bus or on the grounds of the preschool or primary or secondary school in which a minor qualifying patient is enrolled, if: a) a medical provider has provided the minor qualifying patient with a current written certification for the medical use of marijuana and b) possession of medical marijuana is for the purpose of administering it to the minor qualifying patient.
In order to facilitate administration of medical marijuana with a minimum interruption of instructional time for the student and with a minimum of disruption of routine school operations, the Board approves the following guidelines for the administration of medical marijuana:
A. The person administering the medical marijuana must provide proof that
1. He/she is the primary caregiver for the student;
2. The student has a current written certification from a medical provider for the use of medical marijuana;
3. The student needs to have the drug administered during the school day, as opposed to before or after school.
B. The marijuana must be in a non-smokeable form;
C. The marijuana must be possessed only by the primary caregiver and only for the purpose of administering it to the student at school;
D. Medical marijuana may only be possessed by the primary caregiver; it cannot be given to or held by any school employee, student or other person in school, with the exception of the “qualifying patient;”
E. Only the primary caregiver may administer medical marijuana – it cannot be done by, or delegated to, a school employee or any other person than the primary caregiver;
F. Medical marijuana may be administered only at the principal’s office; the primary caregiver must go there directly and, if visitors are required to sign in, to do so;
G. The student may not possess medical marijuana at any time or place except during the time of its consumption, at the designated location, and under the supervision of the caregiver.
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NEPN/NSBA Code: JLCDA
A student who holds written certification for the medical use of marijuana may not be excluded (suspended or expelled) from school because he/she requires medical marijuana to attend school.
Legal Reference: Maine 2015 P.L. Ch. 369 (2015)
20-A MRS§ 4009(4)
28 CFR Part 35 (Americans with Disabilities Act of 1990)
34 CFR Part 104 (Section 504 of the Rehabilitation Act of 1973)
34 CFR Part 300 (Individuals with Disabilities Education Act)
Cross Reference: JLCD Administration of Medication to Students
JLCD-E Permission To Administer Medications In School
JLCD-R Medication Administration On School Field Trips
Adopted: October 17, 2019