Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

A vote to pass a bill that authorizes the possession, storage, and administration of medical cannabis in certain school settings.

Highlights:

• Requires local school boards and the governing bodies of charter schools to authorize by rule the possession, storage and administration of medical cannabis by parents and legal guardians, or by designated school personnel, to qualified students for use in school settings, provided that (Sec. 1):

• A student shall not possess, store or self-administer cannabis in a school setting;

• A parent, legal guardian or designated school personnel shall not administer medical cannabis in a manner that creates disruption to the education environment or causes other students to be exposed to medical cannabis;

• A written treatment plan for the administration of the medical cannabis is agreed to and signed by the principal or principal's designee of the qualified student’s school and the qualified student’s parent or legal guardian; and

• Before the first administration of medical cannabis in a school setting, the qualified student’s parent or legal guardian completes and submits documentation as required by local school board or charter school rules that includes a copy of written certification for medical cannabis use, and a written statement releasing the school and school personnel from liability.

• Authorizes a school board or the governing body of a charter school to adopt policies that do the following (Sec. 1):

• Restrict the types of designated school personnel who may administer medical cannabis to qualified students;

• Establish reasonable parameters regarding the administration and use of medical cannabis and the school settings in which administration and use are authorized; and

• Ban student possession, use, distribution, sale or being under the influence of a cannabis product in a manner that is inconsistent with the provisions of this section.

• Exempts public school, charter school or school districts from the provisions of this section, if the public school, charter school or school district reasonably demonstrates that it would lose, or has lost, federal funding (Sec. 1).

• Exempts public school, charter school or school districts from the provisions of this section, if the public school, charter school, or school district posts on its website in a clearly visible manner a statement of its decision not to comply with this bill (Sec. 1).

• Prohibits a public school, charter school, or school district from disciplining a student who is a qualified student scoley on the basis that the student requires medical cannabis as a reasonable accommodation necessary for the student to attend school (Sec. 1)

• Prohibits a public school, charter school, or school district from denying eligibility to attend school to a qualified student solely on the basis that the qualified student requires medical cannabis as a reasonable accommodation necessary for the student to attend school or a school-sponsored activity (Sec. 1).

• Defines “qualified student” as a student who demonstrates evidence to the school district that the student is authorized as a qualified patient pursuant to the Lynn and Erin Compassionate Use Act to carry and use medical cannabis in accordance with the provisions of this act (Sec. 1).

Full Bill Text