JLCDB – Administering Medical Marijuana to Qualified Students on District Property

The Board strives to comply with state law to honor families' private medical decisions while ensuring a learning environment free of disruption. To accomplish these goals, as a general rule, prescription medication, including recommendations for medical marijuana, should be administered at home. Prescription medications, including medical marijuana, should only be administered on District property during school hours when administration is medically necessary and cannot reasonably be accomplished outside of school hours.

In those limited circumstances when it is medically necessary, administration of medical marijuana to qualified students, pursuant to a recommendation, on District property shall be in accordance with this policy. Administration of all other prescription and nonprescription medications to students on District property during school hours shall be in accordance with applicable law and Board policy JLCA concerning the administration of medications to students.

Definitions

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

1. "Qualified Student" means a student who holds a current and 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 is medically necessary during school hours;

1. "Designated location" means a location identified by the District in its sole discretion on school grounds, such as the nurse's office or a building administrator's office;

1. "Medical professional" means an individual licensed under article 36 or article 38 of title 12, C.R.S;

1. '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 as defined by rules promulgated by the state licensing authority;

1. "Permissible Form of Medical Marijuana" means a product infused with medical marijuana 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, hashish, concentrated marijuana (including hashish, wax, and shatter) are not considered medical marijuana and are therefore prohibited. Forms of medical marijuana not included in this definition of Permissible Forms of Medical Marijuana may be proposed by the Qualified Student's parent/guardian to the District Chief Health Officer, who may authorize such a request after consultation with others including appropriate medical personnel chosen by the District; and

1. "Volunteer" means a Cherry Creek School District staff member that volunteers at their own discretion to administer a Permissible Form of Medical Marijuana to the Qualified Student in compliance with this policy and the written plan developed by the District/school.

Permissible Forms of Medical Marijuana to a Qualified Student by Parent/Guardian

A student's parent/guardian may administer the Permissible Form of Medical Marijuana to the Qualified Student on District property in the designated location if all of the following criteria are met:

1. A copy of the Qualified Student's valid and current registration form for medical marijuana must be provided to the District;

1. The parent/guardian must complete with the school/District team, a written plan for the administration of the Permissible Form of Medical Marijuana to the Qualified Student, which will include the parent/guardian acknowledging the parent/guardian assumes all responsibility for ensuring the administering individual is qualified to perform the task, assumes all responsibility for the administration, maintenance and use under state and federal law, and releases the District from liability for any injury arising out of the administration of medical marijuana on District property, including a full release from the responsibilities pertaining to side effects or other medical outcomes of medical marijuana, including overdose;

1. The parent/guardian shall be responsible for providing the Permissible Form of Medical Marijuana to be administered to the Qualified Student and for removing the medical marijuana and any Marijuana Consumer Waste from school grounds immediately after the administration is complete;

1. The District determines, in its sole discretion, that a designated location and delivery route of administration of the Permissible Form of Medical Marijuana are available that do not create a risk of disruption to the educational environment or exposure to other students;

1. In accordance with this policy, a written plan shall be developed that identifies the current registration number for the medical marijuana registration from the state of Colorado (license issued by the Colorado Department of Public Health and Environment) for the Permissible Form of Medical Marijuana, the dosing amount, timing, and delivery route, designated location(s), and any protocol regarding administration of the Permissible Form of Medical Marijuana to the Qualified Student, which plan shall be on file with the school;

1. The written plan shall be signed by the school nurse, District nurse administrator, school principal or assistant principal, and the Qualified Student's parent/guardian;

1. Any parent/guardian seeking access to District property for purposes of this policy must comply with District policy and/or procedures concerning visitors to schools (KI), including checking in through the District's Raptor System; and

1. This policy conveys no right to any student or their parents/guardians to demand access to any general or particular location on school or District property to administer the Permissible Form of Medical Marijuana.

Permissible Possession and Self-Administration of Permissible Forms of Medical Marijuana by a Qualified Student

A student's parent/guardian may consent for the Qualified Student to carry and self-administer the Permissible Form of Medical Marijuana on school grounds, upon a school bus, or at a school sponsored event if all of the following criteria are met:

1. A copy of the Qualified Student's current and valid registration form identifying the student has a valid and current recommendation for medical marijuana from the State of Colorado (license issued by the Colorado Department of Public Health and Environment), must be provided to the District;

1. The parent/guardian must complete with the school/District team, a written plan for the self-administration of the Permissible Form of Medical Marijuana to the Qualified Student, which plan will include the parent/guardian acknowledging the parent/guardian assumes all responsibility for the administration, maintenance and use under state and federal law, and releases the District from liability for any injury arising out of the self-administration of the Permissible Form of Medical Marijuana on District property, including a full release from the responsibilities pertaining to side effects or other medical outcomes of medical marijuana, including overdose;

1. The written plan will identify the current registration number for the medical marijuana registration from the State of Colorado (license issued by the Colorado Department of Public Health and Environment), the Permissible Form of Medical Marijuana, the dosing amount, timing, and delivery route, designated location(s), and any protocols regarding self-administration of the Permissible Form of Medical Marijuana to the Qualified Student, which plan shall be on file with the school;

1. The parent/guardian shall be responsible for providing the Permissible Form of Medical Marijuana to be self-administered by the Qualified Student. The Permissible Form of Medical Marijuana must be delivered to the school in a non-smokable form, in the original container that contains clearly labeled instructions or the plan for administration, which must clearly specify instructions for the dosing, timing, and delivery route from the Qualified Student's recommending physician;

1. The District will determine, in its sole discretion, the designated location and method of self-administration of the Permissible Forms of Medical Marijuana that are available that do not create a risk of disruption to the educational environment or exposure to other students;

1. For the Qualified Student not self-carrying, but self-administering Permissible Forms of Medical Marijuana, the Permissible Form of Medical Marijuana will be stored in a designated locked location within the school building. The parent/guardian will follow the District procedures in working with the school nurse or school principal/assistant principal to ensure the delivery of the Permissible Form of Medical Marijuana to the location designated by the school for storage. The school will store the Permissible Form of Medical Marijuana and provide access to the Qualified Student for administration as identified within the written plan;

1. For the Qualified Student self-carrying and self-administering Permissible Forms of Medical Marijuana, the Qualified Student is solely responsible for maintaining possession of the Permissible Form of Medical Marijuana at all times, and removing all Permissible Form of Medical Marijuana and Marijuana Consumer Waste from District property at the end of each school day or school activity. If the Qualified Student loses possession of the Permissible Forms of Medical Marijuana the Qualified Student must immediately notify the school principal or school assistant principal; and

1. The written plan shall be signed by the school nurse, District nurse administrator, school principal or assistant principal, and the Qualified Student self-administering, and the Qualified Student's parent/guardian.

Administration of the Permissible Forms of Medical Marijuana to a Qualified Student by the Volunteer

The Qualified Student's parent/guardian may consent to a Volunteer to administer the Permissible Form of Medical Marijuana to said Qualified Student on school district property, in a school vehicle or at a school event, pursuant to the instructions or plan for administration from the Qualified Student's recommending physician, including dosing, timing, and delivery route instructions. The following criteria must be met:

1. A copy of the Qualified Student's valid and current registration form identifying that the student has a valid and current recommendation for medical marijuana from the State of Colorado (license issued by the Colorado Department of Public Health and Environment) must be provided to the District;

1. The Qualified Student's parent/guardian must complete, with the school/District team, a written plan for the administration of the Permissible Form of Medical Marijuana by the Volunteer to the Qualified Student, which will include the parent/guardian acknowledging the parent/guardian assumes all responsibility for the administration, maintenance and use under state and federal law, and releases the District from liability for any injury arising out of the administration of the Permissible Form of Medical Marijuana on District property, including a full release from the responsibilities pertaining to side effects or other medical outcome of medical marijuana, including overdose;

1. The written plan shall identify the current registration number for the medical marijuana registration from the State of Colorado (license issued by the Colorado Department of Public Health and Environment), the Permissible Form of Medical Marijuana, the dosing amount, timing, and delivery route, designated location(s), and any protocols regarding administration of the Permissible Form of Medical Marijuana by the Volunteer to the Qualified Student, which plan shall be on file with the school;

1. The written plan also shall identify the Volunteer(s) designated to access and administer the Permissible Form of Medical Marijuana;

1. The parent/guardian shall be responsible for providing the Permissible Form of Medical Marijuana to be administered by the Volunteer to the Qualified Student. The Permissible Form of Medical Marijuana must be delivered to the school in a non-smokable form, in the original container that contains clearly labeled instructions or the plan for administration and which clearly specifies instructions for the dosing, timing, and delivery route from the Qualified Student's recommending physician;

1. The District will determine, in its sole discretion, the designated location and method of administration of the Permissible Form of Medical Marijuana by the Volunteer that are available which do not create a risk of disruption to the educational environment or exposure to other students;

1. The Permissible Form of Medical Marijuana will be stored in a designated locked location within the school building. The parent/guardian will follow the District procedures in working with the school nurse and the school principal/assistant principal to ensure the delivery of the Permissible Form of Medical Marijuana to the location designated by the school for storage. The school will store the Permissible Form of Medical Marijuana and provide access to the Volunteer(s) for administration as identified within the written plan; and

1. The written plan shall be signed by the school nurse, District nurse administrator, school principal or assistant principal, and the Qualified Student's parent/guardian.

Other Provisions

1. Emergency Administration. The written plan for the Qualified Student may include a provision for emergency administration of the Permissible Form of Medical Marijuana, and no part of this policy will interfere with or restrict the Qualified Student from receiving emergency medical marijuana as recommended from their licensed physician in an emergency in compliance with their written plan.

1. Volunteers. Given the statutory provision that no school personnel can be required to volunteer to administer the Permissible Form of Medical Marijuana, no staff member, including administrators, shall pressure, demand, direct, or require another staff member to volunteer to administer Permissible Forms of Medical Marijuana for a Qualified Student. Likewise, no person, including any parent or guardian, shall pressure, demand, or threaten any staff member to become a volunteer administrator of Permissible Forms of Medical Marijuana. All staff members have the sole discretion to decide if they personally want to volunteer to administer Permissible Forms of Medical Marijuana and all such decisions shall be strictly voluntary. If the designated Volunteer(s) identified in the written plan is unavailable to administer the Permissible Form of Medical Marijuana to the Qualified Student the District is not obligated to and will not provide an alternative person to administer the Permissible Form of Medical Marijuana. The development of the written plan must follow District procedures, and the Volunteer(s) must be identified within the written plan prior to the administration of the Permissible Form of Medical Marijuana to the Qualified Student by the Volunteer.

1. Nurses. Nurses are not obligated to assist and/or supervise the Volunteer who elects to administer the Permissible Form of Medical Marijuana to the Qualified Student. Nurses, like all other staff members, have the sole discretion to decide if they personally want to volunteer to administer Permissible Forms of Medical Marijuana and all such decisions shall be strictly voluntary. Volunteers will not be designated under a nurse's license to carry, administer, direct, or assist in the administration of the Permissible Form of Medical Marijuana to the Qualified Student.

1. Discipline. Student possession, use, distribution, sale or being under the influence of marijuana, including Permissible Forms of Medical Marijuana, inconsistent with this policy may be considered a violation of Board policy concerning drug and alcohol use by students (JICH) or other Board policy and may subject the student to disciplinary consequences, including suspension and/or expulsion, in accordance with applicable Board policy.

1. Denial. School principal or assistant principal has discretion at any time to review the Qualified Student's current written plan for the administration of the Permissible Form of Medical Marijuana, and determine whether such possession or administration poses a significant risk of harm to the Qualified Student or to other students. If the school principal or assistant principal determines the possession or self-administration of the Permissible Form of Medical Marijuana poses a significant risk of harm to the Qualified Student or other students, the school principal or school assistant principal may restrict or deny the Qualified Student from possessing and self-administering Permissible Forms of Medical Marijuana on school grounds, on a school bus, or at a school-sponsored event.

1. Removal from District Property. The parent/guardian will pick up any remaining Permissible Form of Medical Marijuana at a time coordinated with the school nurse. If the school principal or school assistant principal determines the Permissible Form of Medical Marijuana can no longer be stored or administered on school district property, in a school vehicle, or at a school event, the parent/guardian will be notified and must immediately remove any of the Permissible Form of Medical Marijuana and Marijuana Consumer Waste from school district property. If the parent/guardian fails to remove the Permissible Form of Medical Marijuana within a reasonable amount of time after being contacted, the school/District will dispose of all Permissible Forms of Medical Marijuana and all Marijuana Consumer Waste. Any stored Permissible Form of Medical Marijuana must be retrieved by the parent or guardian and cannot be retrieved by the Qualified Student or other students.

1. Federal Funding. If the District can demonstrate a reasonable, documented expectation of lost federal funding based on federal guidance or grant requirements directly as a result of implementing this policy, this policy shall be suspended immediately and the District will comply with any federal guidance and/or directives related to this policy.

Original Adoption: August 8, 2016 Revised: August 9, 2021

Cross References:	JICH – Alcohol and Other Drug Use by Students
	JKD-1 – Suspension or Expulsion of Students (and Other Disciplinary Interventions)
	JLCA – Student Health Services and Requirements
	JLCD – Administering Medication, First Aid, and Emergency Medical Care
	KI – Visitors to District Facilities
	KI-R – Visitors to District Facilities

Legal References:	Colo.Const. Art. XVIII, Section 14 (establishing qualifications for the use of medical marijuana)
	C.R.S. § 22-1-119.3 (Policy for student possession and administration of prescription medication-rules-definitions)

Adoption Date: August 08, 2016 Last Revised: August 09, 2021