SB 21-056

Abstract

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 act 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 act 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 act 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 act provides disciplinary protection to nurses, anyone licensed pursuant to title 12, and school personnel who administer cannabis-based medicine to students at school. The act provides civil and criminal immunity to school personnel who act in good faith in administering cannabis-based medicine to students at school. The act requires schools to treat cannabis-based medicine recommendations like prescriptions. The act 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 act appropriates $15,419 to the department of education from the general fund to purchase legal services from the attorney general.(Note: This summary applies to this bill as enacted.)