Boulder Valley School District

JLCDB

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JLCDB

File: JLCDB (pdf)
Adopted:  January 8, 2019
Revised: February 28, 2023

 

Administration of Medical Marijuana to Qualified Students

The Board strives to honor families' private medical decisions while ensuring a learning environment free of disruption. Prescription medications, including medical marijuana, should only be administered on School Disctrict property during school hours when administration is medically necessary and cannot reasonably be accomplished outside of school hours. This policy shall apply to the administration of medical marijuana only, and adminstration of all other prescription and nonprescription medications to students on School District property during school hours shall be in accordance with applicable law and Board Policy JLCA.

Definitions

For purposes of this policy, the following definitions shall apply:

  1. "Designated location" means a location identified in writing by the School District in its sole discretion and may include a location on the grounds of the school in which the student is enrolled, upon a school bus in Colorado, or at a school-sponsored event in Colorado or on other non-School District property, but not a federal property or other non-School District location that restricts marijuana.
     
  2. "Permissible form of medical marijuana" means a product infused with medical maijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures. Marijuana intended for use or consumption through smoking or vaping, concentrated marijuana (including hashish, wax, and shatter) are not considered medical marijuana and are prohibited. Forms of medical marijuana not included in this definition may be proposed by the qualified student's parent/guardian to the Director of Health Services, who may authorize such a request after consultation with others including appropriate medical personnel chosen by the School District.
     
  3. "Primary caregiver" means the qualified student's parent, guardian or other responsible adult over eighteen years of age who is identified by the student's parent/guardian as the qualified student's primary caregiver. In no event shall another student be recognized as a primary caregiver. Any primary caregiver seeking access to school or district property, a school bus or school-sponsored event for purposes of this policy must comply with the Board's policy and/or procedures concerning visitors to schools and all other applicable policies.
     
  4. "Medical professional" means an individual licensed under article 36 or article 38 of title 12, C.R.S.
     
  5. "Marijuana consumer waste" means any component left after the consumption of a regulated marijuana product, including but not limited to containers, packages, cartridges, pods, cups, batteries, all-in-one disposable devices, and any other waste component left after the regulated marijuana is consumed.
     
  6. "Volunteer" means a Boulder Valley School District staff member that volunteers at their own discretion to adminster a permissible form of medical maijuana to the qualfied student in compliance with this policy and the written plan developed by the School District.
     
  7. "Qualified student" means a student who holds a valid registration from the state of Colorado (license issued by the Colorado Department of Public Health and Environment) for the use of medical marijuana and for whom the administration of medical marijuana cannot reasonably be accomplished outside of school hours.

Permissible administration of medical marijuana to a qualified student

A qualified student's primary caregiver may administer a permissible form of medical marijuana to a qualified student if all of the following parameters are met:

  1. The qualified student's parent/guardian provides the school with a copy of the student's valid registration from the state of Colorado authorizing the student to receive medical marijuana;
     
  2. The qualified student's parent/guardian or primary caregiver provides the permissible form of medical marijuana;
     
  3. The qualified student's parent/guardian signs a written acknowledgement assuming all responsibility for the provision, administration, and use of medical marijuana, and may also grant permission for a volunteer to store, administer, or assist in the administration of medical marijuana. This written acknowledgment must also release the School District, including any volunteer, from liability for any injury that may occur pursuant to this policy;
     
  4. The School District determines, in its sole discretion:
     
    1. that a location and a method of administration are available that do not create risk of disruption to the educational environment or exposure to other students; and,
    2. if needed, the location of a locked storage container to store the medical marijuana that does not significantly delay access to or the administration of the medical marijuana in a medical emergency, or the primary caregiver may remove any remaining medical marijuana;
       
  5. The School District prepares, with the input of the qualified student's parent/guardian, a written plan that identifies: the permissible form, designated location(s), designated storage container and location, any volunteer, and any protocol regarding administration of a permissible form of medical marijuana to the qualified student. The written plan shall be signed by the school administrator, the qualified student (as appropriate) and the qualified student's parent/guardian.
     

Additional parameters

This policy conveys no right to any student or to the student's parents/guardians or other primary caregiver to demand access to any general or particular location to administer medical marijuana.

All School District staff members have the sole discretion to decide if they personally want to volunteer to administer medical marijuana. No individual will pressure, demand, direct, threaten or attempt to require a School District employee to volunteer to administer medical marijuana. If the designated volunteer(s) identified in the written plan is unavailable to adminster the medical marijuana to the qualified student, the School District will notify the parent/guardian, but is not obligated to provide a substitute.

Nurses have the same rights as other staff members to exercise sole discretion to decide if they personally want to volunteer to administer or store medical marijuana. Volunteers will not be delegated under a nurse's license to carry, administer, direct, or assit in the administration of the medical marijuana.

Permission to administer medical marijuana to a qualified student may be limited or revoked due to violations of this policy. If this occurs, the parent/guardian must remove the medical marijuana and any consumer waste from the School District property or the School District will dispose of it in accordance with law and School District protocols..

Student possession, use, distribution, sale or being under the influence of marijuana inconsistent with this policy may be considered a violation of Board policy and may subject the student to disciplinary consequences

If the federal government indicates that the School District's federal funds are jeopardized by this policy, the Board declares that this policy shall be suspended immediately and that the administration of any form of medical marijuana to qualified students on school property, on a school bus or at a school- sponsored event shall not be permitted. If this occurs, the School he District shall post notice of such policy suspension and prohibition in a conspicuous place on its website.

LEGAL REFS.:   
Colo. Const. Art. XVIII, Section 14 (establishing qualifications for use of medical marijuana)
C.R.S. § 22-1-119.3 (Policy for student possession and administration of prescription medication-rules-definitions)
C.R.S. § 22-1-119.3 (3)(c), (d) (no student possession or self administration of medical marijuana, but school districts must  permit the student's primary caregiver to administer medical marijuana to the student on school grounds, on a school bus or at a school-sponsored event)
C.R.S. § 22-1-119.3 (3)(d)(III) (board may adopt policies regarding who may act as a primary caregiver and to establish reasonable parameters on the administration and use of medical marijuana on school grounds, on a school bus or at a school-sponsored event)

End of file: JLCDB