CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1127Introduced by Senator HillFebruary 13, 2018 An act to add Section 49414.1 to the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTSB 1127, as introduced, Hill. Pupil health: administration of medicinal cannabis: schoolsites. Existing law authorizes a school nurse or other designated school personnel to assist any pupil who is required to take, during the regular schoolday, medication prescribed for him or her by a physician and surgeon or ordered for him or her by a physician assistant, if the school district receives specified written statements from the physician and surgeon or physician assistant and from the parent, foster parent, or guardian of the pupil. Existing law, the Compassionate Use Act of 1996, provides that a patient or a patients primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana. Existing law also requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act. This bill would authorize the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient entitled to the protections of the act medicinal cannabis, excluding in a smokeable or vapeable form, at a schoolsite. The bill would authorize the policy to be rescinded for any reason, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 49414.1 is added to the Education Code, to read:49414.1. (a) Notwithstanding Sections 11357 and 11361 of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code medicinal cannabis at a schoolsite.(b) The policy shall include, at a minimum, both of the following elements:(1) The parent or guardian shall not administer the medicinal cannabis in a manner that creates a disruption to the educational environment or causes exposure to other pupils.(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.(c) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (a) may rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy.(d) Nothing in this section requires the staff of a school district, county office of education, or charter school to administer medicinal cannabis.(e) For purposes of this section, medicinal cannabis excludes medicinal cannabis in a smokeable or vapeable form.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1127Introduced by Senator HillFebruary 13, 2018 An act to add Section 49414.1 to the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTSB 1127, as introduced, Hill. Pupil health: administration of medicinal cannabis: schoolsites. Existing law authorizes a school nurse or other designated school personnel to assist any pupil who is required to take, during the regular schoolday, medication prescribed for him or her by a physician and surgeon or ordered for him or her by a physician assistant, if the school district receives specified written statements from the physician and surgeon or physician assistant and from the parent, foster parent, or guardian of the pupil. Existing law, the Compassionate Use Act of 1996, provides that a patient or a patients primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana. Existing law also requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act. This bill would authorize the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient entitled to the protections of the act medicinal cannabis, excluding in a smokeable or vapeable form, at a schoolsite. The bill would authorize the policy to be rescinded for any reason, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1127
Introduced by Senator HillFebruary 13, 2018
Introduced by Senator Hill
February 13, 2018
An act to add Section 49414.1 to the Education Code, relating to pupil health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1127, as introduced, Hill. Pupil health: administration of medicinal cannabis: schoolsites.
Existing law authorizes a school nurse or other designated school personnel to assist any pupil who is required to take, during the regular schoolday, medication prescribed for him or her by a physician and surgeon or ordered for him or her by a physician assistant, if the school district receives specified written statements from the physician and surgeon or physician assistant and from the parent, foster parent, or guardian of the pupil. Existing law, the Compassionate Use Act of 1996, provides that a patient or a patients primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana. Existing law also requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act. This bill would authorize the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient entitled to the protections of the act medicinal cannabis, excluding in a smokeable or vapeable form, at a schoolsite. The bill would authorize the policy to be rescinded for any reason, as provided.
Existing law authorizes a school nurse or other designated school personnel to assist any pupil who is required to take, during the regular schoolday, medication prescribed for him or her by a physician and surgeon or ordered for him or her by a physician assistant, if the school district receives specified written statements from the physician and surgeon or physician assistant and from the parent, foster parent, or guardian of the pupil.
Existing law, the Compassionate Use Act of 1996, provides that a patient or a patients primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana. Existing law also requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act.
This bill would authorize the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient entitled to the protections of the act medicinal cannabis, excluding in a smokeable or vapeable form, at a schoolsite. The bill would authorize the policy to be rescinded for any reason, as provided.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 49414.1 is added to the Education Code, to read:49414.1. (a) Notwithstanding Sections 11357 and 11361 of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code medicinal cannabis at a schoolsite.(b) The policy shall include, at a minimum, both of the following elements:(1) The parent or guardian shall not administer the medicinal cannabis in a manner that creates a disruption to the educational environment or causes exposure to other pupils.(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.(c) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (a) may rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy.(d) Nothing in this section requires the staff of a school district, county office of education, or charter school to administer medicinal cannabis.(e) For purposes of this section, medicinal cannabis excludes medicinal cannabis in a smokeable or vapeable form.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 49414.1 is added to the Education Code, to read:49414.1. (a) Notwithstanding Sections 11357 and 11361 of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code medicinal cannabis at a schoolsite.(b) The policy shall include, at a minimum, both of the following elements:(1) The parent or guardian shall not administer the medicinal cannabis in a manner that creates a disruption to the educational environment or causes exposure to other pupils.(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.(c) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (a) may rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy.(d) Nothing in this section requires the staff of a school district, county office of education, or charter school to administer medicinal cannabis.(e) For purposes of this section, medicinal cannabis excludes medicinal cannabis in a smokeable or vapeable form.
SECTION 1. Section 49414.1 is added to the Education Code, to read:
### SECTION 1.
49414.1. (a) Notwithstanding Sections 11357 and 11361 of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code medicinal cannabis at a schoolsite.(b) The policy shall include, at a minimum, both of the following elements:(1) The parent or guardian shall not administer the medicinal cannabis in a manner that creates a disruption to the educational environment or causes exposure to other pupils.(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.(c) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (a) may rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy.(d) Nothing in this section requires the staff of a school district, county office of education, or charter school to administer medicinal cannabis.(e) For purposes of this section, medicinal cannabis excludes medicinal cannabis in a smokeable or vapeable form.
49414.1. (a) Notwithstanding Sections 11357 and 11361 of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code medicinal cannabis at a schoolsite.(b) The policy shall include, at a minimum, both of the following elements:(1) The parent or guardian shall not administer the medicinal cannabis in a manner that creates a disruption to the educational environment or causes exposure to other pupils.(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.(c) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (a) may rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy.(d) Nothing in this section requires the staff of a school district, county office of education, or charter school to administer medicinal cannabis.(e) For purposes of this section, medicinal cannabis excludes medicinal cannabis in a smokeable or vapeable form.
49414.1. (a) Notwithstanding Sections 11357 and 11361 of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code medicinal cannabis at a schoolsite.(b) The policy shall include, at a minimum, both of the following elements:(1) The parent or guardian shall not administer the medicinal cannabis in a manner that creates a disruption to the educational environment or causes exposure to other pupils.(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.(c) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (a) may rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy.(d) Nothing in this section requires the staff of a school district, county office of education, or charter school to administer medicinal cannabis.(e) For purposes of this section, medicinal cannabis excludes medicinal cannabis in a smokeable or vapeable form.
49414.1. (a) Notwithstanding Sections 11357 and 11361 of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian to possess and administer to a pupil who is a qualified patient pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code medicinal cannabis at a schoolsite.
(b) The policy shall include, at a minimum, both of the following elements:
(1) The parent or guardian shall not administer the medicinal cannabis in a manner that creates a disruption to the educational environment or causes exposure to other pupils.
(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.
(c) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (a) may rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy.
(d) Nothing in this section requires the staff of a school district, county office of education, or charter school to administer medicinal cannabis.
(e) For purposes of this section, medicinal cannabis excludes medicinal cannabis in a smokeable or vapeable form.