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Policy JLCDA
The Board recognizes that there may be some students in the South Portland 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-A91)(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 accordance with applicable law, this only applies to students under the age of 18. Students 18 years of age or older may not use medical marijuana at school.
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:
The person administering the medical marijuana must provide proof that
He/she is the primary caregiver for the student;
The student has a current written certification from a medical provider for the use of medical marijuana;
The student needs to have the drug administered during the school day, as opposed to before or after school.
The marijuana must be in a non-smokeable form;
The marijuana must be possessed only by the primary caregiver and only for the purpose of administering it to the student at school;
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;”
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;
The primary caregiver must check-in and present identification at the school office upon arrival for the administration of medical marijuana. Medical marijuana may be administered only in the principal’s office or in a designated space. If being administered in the nurses’ office an administrator must accompany the caregiver to that location;
The primary caregiver must check-out at the school office following administration of the medical marijuana and transport any remaining medical marijuana with him/her off school premises.
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
Adopted: June 13, 2016
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