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The Board recognizes that there may be some students in the Cape Elizabeth School Department 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-smokable form on the grounds of the 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 minimum interruption of instructional time for the student and with minimum disruption of routine school operations, the Board approves the following guidelines for the administration of medical marijuana:

  1.  The person administering the medical marijuana must provide proof that:
    1. They are the primary caregiver for the student ;
    2. The student has a current 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.
  2. The medical marijuana must be in a non-smokable form;
  3. The medical marijuana may only be possessed by the primary caregiver; it cannot be given or held by any school employee or student or other person in school, with the exception of the "qualifying patient";
  4. Only the primary caregiver may administer the medical marijuana; it cannot be done by, or delegated to a school employee or any other person than the primary caregiver;
  5. The medical marijuana may be administered only at the principal's office or area designated by the principal; the primary caregiver must go directly to the designated are after signing in at the main office; and 
  6. The student may not possess the 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.

A student who holds written certification for the medical use of marijuana may not be excluded (suspended or expelled) from school because the student required medical marijuana to attend school.

Maine 2015P.L. Ch. 369


December 12, 2017