Legal Update Memo No. 32-2019 – Administration of Medical Cannabis on Schoolsites (K-12)

Download pdf: 32-2019 – Administration of Medical Cannabis on Schoolsites w attachment (JEN)

On October 9, 2019, Governor Newsom signed Senate Bill 223 into law.  SB 223 permits, but does not require, the administration of medical cannabis on school campuses in some situations.

Pursuant to Education Code section 49414.1, as of January 1, 2020, the governing board of a school district, county board of education, or charter school serving kindergarten or any of grades 1 through 12, inclusive, may (but is not required to) adopt a policy that permits a parent or guardian of a student to bring medical cannabis onto a school site and administer it to his or her child.  Such a policy must be adopted at a regular board meeting and must contain several elements required in the law.  It is recommended that you consult with legal counsel prior to adoption of any such a board policy.

Nothing in the law requires school staff to administer medical cannabis, nor does anything in the law permit school staff to administer medical cannabis or store it on school grounds.

The full text of the law is attached to this Legal Update.

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.

© 2019 School and College Legal Services of California

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