LM Jan 2020

LegalCorner

Chad Watkins, IASA Associate Director/General Counsel Legalization in the Land of Lincoln

CompassionateUseofMedical Cannabis ProgramAct (410 ILCS130/1et. seq) • Subject to certain conditions, medical cannabis use is authorized for qualifying patients who are individuals, including minors, who have been diagnosed by a certified health care professional as having a debilitating condition. • No possession or use of cannabis is authorized on school grounds, except as provided in Ashley’s Law (see below). • Districts can still adopt policies concerning drug testing, zero-tolerance, or drug-free workplace provided the policy • Authorizes student use of “medical cannabis-infused product” on school grounds, school buses, and at school- sponsored activities. Medical cannabis-infused products are food oils, ointments or other products containing usable cannabis that are not smoked or vaped. • Subject to certain conditions, allows the administration of medical cannabis-infused products to students by parent or guardian, designated caregiver, properly trained school nurse or administrator, or self-administered under the direct supervision of school nurse or administrator. • Cannot be administered in a way that would cause disruption to the school’s educational environment or cause exposure to other students. • No requirement for staff to administer the product. As you hit the ground running in the new year and new semester, you may find it helpful to take a close look at your district’s policies on cannabis use, and drug use generally, to ensure that you are prepared for the changes to the law. You might also want to consult with law enforcement and district stakeholders to ensure that you are taking the right approach to these matters. The preceding article was written for informative purposes only and does not constitute legal advice. Your board attorney should be contacted for all legal questions involving your district’s approach to any changes in the law. is applied in a nondiscriminatory manner. Ashley’s Law(105 ILCS5/22-33)

On January 1, Illinois became the 11th state to legalize marijuana. The legalization of recreational cannabis comes to Illinois after several previous smaller steps, including the authorization of medical cannabis and the passage of Ashley’s Law, which in 2018 authorized limited use of medical cannabis-infused products on school grounds. Given the recent changes, a brief overview of how cannabis laws may impact schools might be useful as you navigate this issue within your district. The starting point for understanding cannabis laws is to know that its use is illegal under federal law. However, no branch of the federal government has taken action against states, nor withheld federal funding from states due to legalization efforts thus far. In the absence of federal interference, the operating assumption is that states have the autonomy to regulate cannabis use on their own. In Illinois, lawful cannabis use is largely regulated by the Cannabis Regulation and Tax Act (recreational use), the Compassionate Use of Medical Cannabis Program Act (medical use), and Ashley’s Law (medical use for students on school grounds). While each law contains very detailed provisions, a few key points from each law relevant to schools are below: CannabisRegulationandTaxAct (410 ILCS705/1et seq.) • Subject to certain restrictions, recreational use and possession is limited to adults, 21 years of age and older. • No recreational use or possession is authorized on school buses or school grounds. • Districts can still adopt reasonable zero tolerance and drug-free workplace policies concerning the use of cannabis in the workplace or while on call, provided that any such policy is applied in a nondiscriminatory manner.

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LM January 2020