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§ 7-446. Guidelines for allowing public schools to administer medical cannabis

West's Annotated Code of MarylandEducationEffective: May 8, 2020

West's Annotated Code of Maryland
Education (Refs & Annos)
Division II. Elementary and Secondary Education [Titles 2-9.5] (Refs & Annos)
Title 7. Public Schools (Refs & Annos)
Subtitle 4. Health and Safety of Students (Refs & Annos)
Effective: May 8, 2020
MD Code, Education, § 7-446
§ 7-446. Guidelines for allowing public schools to administer medical cannabis
In general
(a) On or before December 31, 2020, the Department and the Natalie M. LaPrade Medical Cannabis Commission jointly shall develop guidelines for public schools allowing the administration of medical cannabis to students who are qualifying patients under Title 13, Subtitle 33 of the Health--General Article during school hours and school-sponsored activities and while on a school bus.
Guidelines
(b) The guidelines shall establish:
(1) The school personnel who are authorized to administer medical cannabis to a student who is a qualifying patient during school hours and school-sponsored activities and while on a school bus;
(2) Specific locations, including a requirement that a school allow the administration of medical cannabis in the school building, where medical cannabis may be administered to a student who is a qualifying patient during school hours and school-sponsored activities and while on a school bus;
(3) Procedures for educating any designated school personnel on safety considerations for patient use of medical cannabis as it relates to a school setting;
(4) Protocols to ensure students who are qualifying patients receive care during school hours and school-sponsored activities and while on a school bus;
(5) Security protocols for the possession, storage, and loss or theft of medical cannabis on school property;
(6) A plan for the administration of medical cannabis that must include labeling as well as dosing, timing, and delivery route instructions as provided by the certifying provider's written instructions;
(7) A clear prohibition on any method of administration of medical cannabis that includes smoking or vaping;
(8) Notice requirements to appropriate school personnel, parents and guardians or caregivers, and local law enforcement, if necessary;
(9) Whether the medical cannabis may be retained on school grounds at the end of the school day or school-sponsored activity or whether it must be returned to the student's caregiver; and
(10) Any other necessary guidelines on issues concerning the administration of medical cannabis to students who are qualifying patients during school hours and school-sponsored activities on a school bus.
Establishing policies
(c) Each nonpublic school in the State may establish a policy regarding the administration of medical cannabis to students who are qualifying patients under Title 13, Subtitle 33 of the Health--General Article during school hours and school-sponsored activities.
Administering medical cannabis
(d) Notwithstanding subsection (b) of this section, a school nurse may not be required to administer medical cannabis to a student who is a qualifying patient.

Credits

Added by Acts 2020, c. 624, § 1, eff. May 8, 2020; Acts 2020, c. 625, § 1, eff. May 8, 2020. Amended by Acts 2021, c. 109, § 5.
MD Code, Education, § 7-446, MD EDUC § 7-446
Current through legislation effective through May 16, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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