On August 1, 2018, the Governor signed HB4870, which amends the School Code and the Compassionate Use of Medical Cannabis Pilot Program Act to allow the use of medical cannabis in schools. Specifically, for any student who is a “qualifying patient,” the new law requires schools to authorize a parent/guardian (or any other individual registered with the Department of Public Health as a designated caregiver) to administer a medical cannabis-infused product to the student on school premises or a school bus. The law, now Public Act 100-0660, provides for the following:
- Both the student (as a qualifying patient) and the parent/guardian/caregiver (as a designated caregiver) must have registry identification cards under the Compassionate Use of Medical Cannabis Pilot Program Act.
- After administering the medical cannabis, the parent/guardian/caregiver must remove the product from the school premises or school bus.
- Administration of the medical cannabis may not be done in a manner that would create a disruption to the school’s educational environment or would cause exposure of the product to other students.
- School districts may not discipline a student who is administered a medical cannabis-infused product by a parent/guardian/caregiver.
- School districts may not deny a student’s eligibility to attend school solely because the student requires the administration of medical cannabis.
- School districts must adopt a policy to implement the law.
The legislation specifically states that nothing in the law requires a school staff member to administer medical cannabis to a student. In addition, the law states that a school district may not authorize the use of a medical cannabis-infused product if the school district or school would lose federal funding as a result of the authorization.
Public Act 100-0660 is effective immediately. The full text is available here: http://www.ilga.gov/legislation/publicacts/100/PDF/100-0660.pdf
If you have any questions about Public Act 100-0660 and how it may impact your current policies, procedures, or practices, please do not hesitate to contact us by e-mail or by phone at (630) 313-4750.