On September 28, 2018, Governor Brown vetoed Senate Bill 1127, which would have permitted local school districts to adopt policies regarding the use of medical cannabis by students on school grounds subject to several conditions.
In vetoing the bill, Governor Brown stated:
“This bill is overly broad as it applies to all students instead of limited cases where a doctor recommends medical marijuana for a student in order to prevent or reduce effects of a seizure. Generally, I remain concerned about the exposure of medical marijuana on youth and am dubious of its use for youth for all ailments. This bill goes too far – further than some research has – to allow use of medical marijuana for youth. I think we should pause before going much further down this path.”
As discussed in our office’s Legal Update Memo No. 22-2018, dated September 28, 2018, the Office of Administrative Hearings recently issued a decision in a due process hearing requiring a school district to permit and administer THC oil to a student as a rescue medication for seizures. Hearing decisions from the Office of Administrative Hearings (OAH) are fact-specific and are not precedential, which means that the decision does not have to be followed by a different judge or court in deciding a different case.
Given Governor Brown’s statement, our office recommends 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.
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