Legal Update Memo No. 22-2018 – Due Process Decision on Use of Medical Cannabis (K-12)

Download pdf: 22-2018 – Due Process Decision on Use of Medical Cannabis with attachment (JEN)

Our office has fielded a number of inquiries regarding a recent due process case out of Sonoma County dealing with medical cannabis.  In that decision, which is attached, the Administrative Law Judge (ALJ) found that state law did not prohibit the use of non-smokeable medical cannabis, such as tetrahydrocannabinol (THC) oil on school campuses.  The ALJ also found that a school nurse was legally permitted to administer THC oil to a student in certain circumstances.

Hearing decisions from the Office of Administrative Hearings (OAH) are fact-specific and are not precedential, which means that the decision does not have to be followed by a different judge or court in deciding a different case.  We recommend that all requests to use medical cannabis on school campuses are sent to a district-level administrator and that legal counsel is consulted prior to any use of medical cannabis on school campuses.

Please contact our office with questions regarding this Legal Update or any other legal matter.

Legal Update written by Jennifer E. Nix, Associate General Counsel.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2018 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.