In June of 2018, Oklahomans voted on, and passed, medical marijuana legislation. In response to that legislation, the Oklahoma State School Boards Association made a major policy change. Now, certain eligible students will have access to medical marijuana during the school day. While it may sound surprising to some, the decision was agreed upon unanimously by the board earlier this year.


What the Medical Marijuana Policy Allows


The new public schools’ policy on medical marijuana was written by the legal department of the Oklahoma State School Boards Association. Many schools across the state will implement the policy.


Under the new policy, students and employees holding a medical marijuana license will not face discipline. Students requiring medical marijuana throughout the school day will have access to it, and an authorized caregiver will provide it to them in a private area provided by the school.


Although this new law does mean that marijuana may start showing up on school grounds, the policy also includes very strict requirements for administering and storing the marijuana.


What the Medical Marijuana Policy Requires


In order for a student to have access to medical marijuana throughout the school day, they must first fill out a Medical Marijuana/CBD administration authorization form. The student must hold a medical marijuana or CBD license, and a copy of this must be kept with the form at all times.


The caregiver administering the drug to the student must also follow very specific requirements. They must carry a medical marijuana license that states they are authorized to administer the drug to a named student. An employee can never act as a caregiver and must never administer medical marijuana to a student. The only exception to this is a case in which a teacher or employee is the parent or legal guardian of the student.


After the caregiver administers the marijuana, they are to immediately remove it from school property. Teachers and employees are never to store medical marijuana on school property for a student or for themselves. According to 63 O.S. Section 424, if an employee uses or possesses marijuana while on school property or performing employment duties, they will face disciplinary action.


Even with the new policy, individuals are still not allowed to smoke on school property. Due to this, any medical marijuana administered at school must be in topical or oral form.


Need Help Understanding the New Laws? An Oklahoma Education Lawyer Will Explain How They Apply to You


Many parents across Oklahoma are shocked as they learn of the news that medical marijuana is making its way into schools. With the new laws regarding marijuana though, and many children counting on it as a medicine, it’s a reality. Parents with children that require medical marijuana during the school day should speak to an education attorney in Oklahoma as well as a criminal defense attorney in Oklahoma to learn more.


If you’re a teacher, employee at a public school, or a parent of a child who requires medical marijuana, contact Banks, Gillett, Gillett PLLC at (405) 607-4800. The new law is certainly new territory for Oklahoma, and we can assist you by providing guidance and legal counsel to ensure you’re abiding by the law. Call now or fill out our online form for a free consultation.