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JLCDA - MEDICAL CANNABIS IN SCHOOLS

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.

The administration of medical cannabis in Maine schools is governed by the Maine Medical Use of Cannabis Act (MMUMA). The regulatory agency charged with implementing the MMUMA is the Department of Administration and Financial Services (DAFS). The Maine Medical Use of Cannabis Program, located within DAFS, performs administrative duties associated with implementation of the MMUMA, such as issuing of registration cards to “caregivers.”

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 administrationAdministration of medical marijuanacannabis withshould minimumbe done in a way that minimizes the interruption of instructional time for the student and with a minimum of disruption of routine school operations,operations.

the Board approves the

The following guidelinesprocedure is to be followed for the administration of medical marijuana:cannabis at school:

  1. A. The personstudent’s administeringparent/legal guardian/legal custodian must request the medicalschool marijuanaunit’s must“Request provideto proofAdminister that:Medical

      Cannabis
    1. Theyat areSchool” form and a copy of the primaryBoard’s caregiverpolicy forJLCDA, Medical Cannabis in Schools on the studentCESD ;
      2. website
    2. The student has a current certificationor from athe school office.

      B. The parent/legal guardian/legal custodian and the student’s medical provider (physician, certified nurse practitioner, or physician assistant) must complete and sign the Request form, to be submitted to the school with a copy of the student’s current written certification for the use of medical marijuana;

      3. cannabis.
    3. The studentparent/legal needsguardian/legal tocustodian havemust present the drugoriginal administeredcertification duringto the school day,employee asresponsible opposedfor processing the request. A copy of the certification will be retained by the school.

      C. The parent/legal guardian/legal custodian must designate a caregiver who will administer medical cannabis to beforethe student in school (including a student who is 18 years of age or afterolder). The designated caregiver must be registered with the Maine Medical Cannabis Program. The original registry identification card and caregiver designation form must be presented to the school employee processing the request. Copies will be retained by the school.

    D.

    2. If
  2. Thethe designated caregiver is a person other than the student’s parent/legal guardian/legal custodian, the designated caregiver must also provide verification that he/she is authorized by the State of Maine to administer cannabis to the student on school grounds;

    E. An arrangement will be made between the school administration and the designated caregiver to schedule the administration of medical marijuanacannabis in a manner that will minimize disruption to the student’s educational program, other students, school personnel, and the operations of the school.

    F. Medical cannabis may be administered only in an area designated by the school principal. The designated caregiver must sign in at the school office on arrival at school and proceed directly to the location where the medical cannabis will be administered. The designated caregiver must comply with all Board policies and school rules while on school grounds.

    G. Medical cannabis administered in school must be in a non-smokablenonsmokeable form;

    3. form.
  3. TheVaporizers are not permitted.

    H. Only the designated caregiver may bring medical marijuanacannabis to school. It may onlynot be possessedheld, by the primary caregiver; it cannot be givenpossessed, or heldadministered by any school employee or student orperson 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 primarycaregiver. 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 notonly hold or possess the medical marijuana at any time or place exceptcannabis during the timeprocess of its consumption, at the designated location,administration and under the supervision of the caregiver.

AI. studentThe whodesignated holdscaregiver writtenmust certificationsign forout at the school office after the administration of the medical usecannabis, oftaking marijuanaany may not be excluded (suspended or expelled) from school because the student requiredremaining medical marijuanacannabis towith attend school.him/her.


Maine 2015P.Medical User of Cannabis Act, 2015 P.L. Ch. 369 (2015)

Cross Reference:

JLCD - Administration of Medication to Students

JLCDA-E Medical Cannabis in Schools Request Form

KI - Visitors to the Schools

Adopted:

December 12, 2017

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