CHAPTER 5.0 – STUDENTS
5.63 MEDICAL MARIJUANA/LOW THC CANNABIS USE BY QUALIFIED
STUDENTS IN SCHOOLS
I. GENERAL PROVISIONS:
Administration of medical marijuana/low THC cannabis/cannabinoid products
to qualified Duval County Public Schools students shall be in accordance with
this policy.
Medical marijuana/low THC cannabis cannot be administered to a qualifying
student/patient while aboard a school bus or at a school-sponsored event.
This policy conveys no right to any student or to the student’s
parents/guardians or other caregiver to demand access to any general or
particular location on school or district property, a school bus or at a schoolsponsored event to administer medical marijuana/low THC cannabis.
If the federal government indicates that the 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/low THC cannabis to qualified students on school property shall not
be permitted. The district shall post notice of such policy suspension and
prohibition in a conspicuous place on its website.
II. DEFINITIONS
For purposes of this Policy 5.63, the following definitions shall apply per Florida
Statute:
A. “Student” means an individual enrolled in a Duval County Public School,
Pre-K through 12th grade who are subject to compulsory school
attendance, as well as students with disabilities 18 through 22 years of age.
B. “Qualified student/patient” means a student/patient who is a resident of this
state who has been added to the Medical Marijuana Use Registry by a
qualified physician to receive marijuana or a marijuana delivery device for
medical use and who has a valid qualified patient identification card.
C. “Primary caregiver” or “caregiver” must be 21 years of age or older and a
resident of this state who has agreed to assist with a qualified patient’s
medical use of marijuana, has a caregiver identification card, and meets the
following requirements:
- Agree in writing to assist with a registered qualified student/patient’s
medical use of marijuana, is not currently serving as primary
caregiver for another qualifying patient, and is not a qualifying
student patient’s physician. - Has registered with the State Department of Health (DOH) Registry
for medical marijuana/low THC cannabis use and meets all of the
requirements. - Has been designated as a primary caregiver on the qualifying
student/patient’s State DOH application. - The caregiver may be registered in the medical marijuana use
registry for no more than one qualified student/patient unless:
i. the caregiver is a parent/legal guardian of more than one minor
who is a qualified student/patient; or
ii. the caregiver is a parent/legal guardian of more than one adult
who is a qualified patient and who has an intellectual or
developmental disability that prevents the student/patient from
being able to protect or care for himself or herself without
assistance or supervision.
D. “Designated location” means a location identified in writing by the school
administration and School Health Services Department in its sole discretion
as written in the District’s Implementation Plan.
E. “Permissible form of medical marijuana/low THC/cannabinoid products”
means non-smokeable/non-inhalable products such as oils, tinctures,
edible products or lotions that can be administered and fully absorbed in a
short period of time.
F. “Marijuana” means all parts of any plant of the genus Cannabis, whether
growing or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant or its seeds or resin, including low-THC cannabis,
which are dispensed from a medical marijuana treatment center for medical
use by a qualified patient.
G. “Low-THC Cannabis” means a plant of the genus Cannabis, the dried
flowers of which contain 0.8 percent or less of tetrahydrocannabinol and
more than 10 percent of cannabinol weight for weight; the seeds thereof;
the resin extracted from any part of such plant; or any compound,
manufacture, salt, derivative, mixture, or preparation of such plant or its
seeds or resin that is dispensed from a medical marijuana treatment center.
H. “Prohibited forms of medical marijuana/cannabinoid products” means any
smokeable, vapors, patches, and any other forms of administration that
provide continuous delivery of medical marijuana/low THC cannabis to a
qualified student/patient while at school shall not be permissible. Forms of
medical marijuana/low THC cannabis not included in this definition may be
addressed as outlined in Extenuating Circumstances, Section II.C.
III. ADMINISTRATION OF MEDICAL MARIJUANA/LOW THC CANNABIS TO
QUALIFIED STUDENTS ON SCHOOL DISTRICT PROPERTY
A. Administration Of Medical Marijuana/Low THC Cannabis Use At School - School nurses or health care personnel or school administration staff are
not allowed to administer, store/hold or transport the medical marijuana/low
THC cannabis in any form. - A parent/caregiver may administer medications/treatments to their child or
a qualified student/patient during the school day. The parent/caregiver is
responsible for safely administering and transporting the
medication/treatment to and from school each day. An Authorization for
Medical Marijuana/Low THC cannabis Use for Qualified Students at School
Form must be completed by a physician for all medication/treatments that a
parent/primary caregiver will be administering to their child during the school
day, acknowledging that the parent/caregiver will be administering the
medication/treatment. - A qualified student/patient may designate no more than one caregiver to
assist with the qualified student/patient’s medical use of marijuana unless:
i. The qualified student/patient is a minor and the designated caregivers
are parents/legal guardians of the qualified student/patient;
ii. The qualified student/patient is an adult who has intellectual or
developmental disability that prevents the student/patient from being
able to protect or care for himself/herself without assistance or
supervision and the designated caregivers are the parents or legal
guardians of the qualified patient; or
iii. If a qualified patient is younger than 18 years of age, only a caregiver
may purchase or administer marijuana for medical use by the qualified
patient. The qualified patient may not purchase marijuana. - School Health Services and the school principal or designee determines, in
its sole discretion, the location(s) of administration (“Designated
Location(s)”) of a permissible form of medical marijuana/low THC cannabis
that do not create risk of disruption to the educational environment or
exposure to other students. - School Health Services and the school principal or designee prepares, with
input from the qualified student’s parent/guardian, a written medical
marijuana/low THC cannabis implementation plan (“District Implementation
Plan”) that identifies the form, “Designated Location(s)”, and any protocol
regarding administration of a permissible form of medical marijuana/low
THC cannabis to the qualified student/patient. The school principal or
designee, School Health Administrator, the qualified student (if capable),
the qualified student’s parent/guardian, and the caregiver (if applicable)
shall sign the District Implementation Plan.
B. Request By Parent/Guardian For Authorization For The
Use Of Medical Marijuana/Low THC Cannabis To Be Administered At School - The District allows for the administration of medications/treatments,
including medical marijuana, when administration cannot reasonably be
accomplished outside of school hours. - The primary caregiver should administer the medical marijuana/low THC
cannabis at home whenever possible to qualified students who require the
use of medical marijuana/low THC cannabis for a medical condition. - Parent/guardian of a qualifying student requesting the administration of
medical marijuana/low THC cannabis to the student at school, need to
submit a written request to the School Health Services Department. - Qualified students who require the use of medical marijuana/low THC
cannabis for a medical condition while at school, would receive the
medical marijuana/low THC cannabis by their primary caregiver as
ordered/recommended by a physician on school grounds at the location(s)
designated in the District Implementation Plan.
C. Extenuating Circumstances
Any administration of medical marijuana/low THC cannabis that requires
consideration outside of the rules outlined within this policy must be
reviewed and approved in advance by the School Health Services
Department. Parents may make requests for consideration through the school
principal.
IV. RESPONSIBILITIES OF PARENT/CAREGIVER:
A. A parent/guardian of a qualifying student requesting the administration of
medical marijuana/low THC cannabis to the qualified student while on school
grounds must submit a written request to the School Health Services
Department.
B. The qualified student’s parent/guardian provides the School Health Services
Department with an Authorization for Medical Marijuana/Low THC cannabis
Use for Qualified Students at School Form completed by a physician and
signed by the parent/ guardian for the administration of medical marijuana/low
THC cannabis to the qualified student during the school day, acknowledging
that a parent/caregiver will be administering the medical marijuana/low THC
cannabis. The completed form shall include the type, amount, time to be
administered, diagnosis, possible side effects and any special instructions
regarding the medication. The form must be submitted to the School Health
Services Department every school year, and when there are any changes to
the medication and the type of preparation (i.e., oils, tablet).
C. Parent/guardian must provide the School Health Services Department a copy
of the current Department of Health Registry Identification Card for the
qualifying student/patient and the primary caregiver, and a valid form of picture
ID.
D. Once all required documents are received, the School Health Services
Department will make a decision on the request and, if approved, prepare the
medical marijuana implementation plan within 72 hours, excluding weekends
and holidays.
E. The qualified student/patient’s caregiver shall be responsible for providing the
permissible form of medical marijuana/low THC cannabis to be administered
to the qualified student.
F. The caregiver assumes all potential civil and criminal responsibility and liability
indirectly and directly connected to activities under this policy. Administration
of marijuana to a qualified student under this policy is a personal and medical
decision by the parent/legal guardian and is not endorsed by the Board or any
school official.
V. RESPONSIBILITIES OF PRINCIPALS/ADMINISTRATORS:
A. Upon review and approval of the documentation submitted by the parent, the
Principal will: - Coordinate the development of the District’s Implementation Plan for
Medical Marijuana/Low THC Cannabis Use for Qualified Students at
School. The plan includes the following information:
i. The specific location and time(s) where the parent/primary caregiver
shall report to administer the medical marijuana;
ii. School staff member(s) who the parent/primary caregiver must
coordinate with at the school for administration of the medical
marijuana/low THC cannabis to the qualifying student. - Provide the parent/guardian with a copy of Board Policy 5.63 Medical
Marijuana/Low THC Cannabis Use to Qualified Students in Schools and
review the written District’s Implementation Plan for medical marijuana/low
THC cannabis use at school with parent/guardian. - Report to the School Discipline and Support Services any incidence of
student/parent/caregiver dispensation of substances other than the
permissible forms of medical marijuana/low THC cannabis as specified on
the Authorization for Medical Marijuana/Low THC cannabis Use for
Qualified Students at School Form, signed by the parent/guardian and
physician and take action in accordance with the Code of Student Conduct
and Policy 5.30, Expulsion or Suspension of Students.
B. The Principal or designee may consult with School Health Services and
Student Discipline and Support Services, as needed.
VI. CONSEQUENCES OF RULE VIOLATION
A. Permission to administer medical marijuana/low THC cannabis to a qualified
student/patient may be limited or revoked if the qualified student/patient or the
student’s caregiver violate this policy or demonstrate an inability to responsibly
follow this policy’s parameters.
B. At no time shall the qualifying student/patient have the medical marijuana/low
THC cannabis in their possession except during the administration process,
through dispensation by the designated primary caregiver, per the District’s
Implementation Plan.
C. Consequences for sale/attempted sale/transmittal of any medical
marijuana/low THC cannabis products or low THC cannabis, or substances
held out and represented to be medical marijuana/low THC cannabis, may
result in disciplinary actions as outlined in the Code of Student Conduct, and
Policy 5.30, Expulsion or Suspension of Students.
D. Student possession, use, or being under the influence of marijuana or
marijuana derivatives inconsistent with this policy may be considered a
violation of the Code of Student Conduct, and Policy 5.30, Expulsion of
Suspension of Students and may subject the student to disciplinary
consequences, including suspension and/or expulsion, in accordance with
applicable Board policy, and may require consultation with local law
enforcement.
E. Dispensation by parent/caregiver of medical marijuana/low THC cannabis in
any form other than specified on the Authorization for Medical Marijuana/Low
THC cannabis Use for Qualified Students at School Form, signed by the
parent/guardian and physician may be treated as a violation of School Board
Policy 5.30, Expulsion or Suspension of Students, for possession, use, or
being under the influence of unauthorized substance, which are expellable
offenses.
STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 381.986, 1006.062, F.S.
HISTORY: ADOPTED: DECEMBER 10, 2019
REVISION DATE(S): N/A