W. Va. Code R. § 126-25A-14 - Medical Cannabis
14.1. A
parent/guardian of any student who has been issued a medical cannabis
identification card by the West Virginia Department of Health and Human
Resources, Bureau for Public Health, and who has been issued a physician
certification to use medical cannabis as part of the treatment of a serious
medical condition, shall notify the school principal before medical cannabis
may be administered on or in school property or at a school-related
event.
14.2. Such notification
shall be on a form that shall include the name of the student and the name and
contact information for the student's caregiver.
14.3. In addition to such notification, a
parent/guardian shall provide the following documentation to the school
principal:
14.3.a. the student's
identification card issued by the West Virginia Department of Health and Human
Resources, Bureau for Public Health, pursuant to the Medical Cannabis Act, W.
Va. Code §§
16A-1-1, et
seq.;
14.3.b. the caregiver's
identification card issued by the West Virginia Department of Health and Human
Resources, Bureau for Public Health, pursuant to the Medical Cannabis Act, W.
Va. Code §§
16A-1-1, et seq.;
and
14.3.c. a certification issued
by a physician who is registered with the West Virginia Department of Health
and Human Resources, Bureau for Public Health, that authorizes the use of
medical cannabis by the student and that meets the requirements of W. Va. Code
§
16A-4-3
and § 16A-4-4.
14.4. The notification and documentation
specified in section 14.3 of this policy shall be updated at least annually by
the student's parent/guardian.
14.5. A parent/guardian shall provide written
notice to the school principal within ten days of any of the following:
14.5.a. a change in the student's designated
caregiver;
14.5.b. a change in the
student's physician for the purpose of certifying medical cannabis use by the
student;
14.5.c. if the student
ceases to have a serious medical condition for which medical cannabis may be
used; or
14.5.d. if the student's,
caregiver's or certifying physician's identification card, registration or
other authorization to use, deliver, administer, certify, or authorize medical
cannabis has become void, has expired, has been suspended or revoked, or has
been otherwise terminated or discontinued.
14.6. The notification and copies of the
documentation specified in sections 14.1,14.2,14.3,14.4, and 14.5 of this
policy shall be kept on file as part of the student's educational
record.
14.7. Upon notification and
receipt of the documentation required by this policy, a school principal shall
allow a designated caregiver to administer medical cannabis to a student on or
in school property or at a school-related event in accordance with a
physician's certification, including the medical cannabis form or delivery
route, dosage, and timing.
14.8.
Medical cannabis shall not be stored on school property nor shall it be
administered by school personnel unless the student is the child or is in the
legal custody of a school employee and the school employee is the student's
designated caregiver.
14.9. Medical
cannabis administered on or in school property or at a school-related event
shall be in in a form permitted by W. Va. Code §
16A-3-2
and may not be administered in dry leaf or plant form.
14.10. If medical cannabis is administered on
or in school property, the designated caregiver shall abide by the school's
policies and procedures for visitors to the school.
14.11. If medical cannabis is administered at
a school-related event, the designated caregiver shall administer it in an area
outside of the view of other students and in accordance with any policies and
procedures established by the school.
14.12. A designated caregiver shall not
administer medical cannabis in a manner that creates disruption to the
educational environment or the school-related event, or that causes exposure to
other students or persons.
14.13. A
student, even if 18 years or older or emancipated, may not possess or
self-administer medical cannabis on or in school property or at a
school-related event. Only a designated caregiver may possess and administer
medical cannabis to a student on or in school property or at a school-related
event. A student who is 18 years or older or who is emancipated shall provide
the notices and documentation required by sections 14.1,14.2,14.3,14.4, and
14.5 of this policy and must designate a caregiver for the purposes of
possession and administration of medical cannabis on or in school property or
at a school-related activity.
14.14. After the designated caregiver
administers medical cannabis to a student, the caregiver shall remove any
remaining medical cannabis from the school property or school-related
event.
14.15. As is the case with
controlled or illegal substances, student possession, use, distribution, sale,
or being under the influence of marijuana or marijuana derivatives is
inconsistent with this policy.
14.16. In accordance with W. Va. Code §
16A-15-4,
a student shall not be subject to discipline solely for the lawful use of
medical cannabis.
14.17. Any
information received by a school pursuant to section 14 of this policy related
to medical cannabis and containing confidential information or personally
identifiable information is protected by FERPA and shall become part of the
student's educational record.
14.18. Any county board that can reasonably
demonstrate that it will lose or has lost federal funding as a result of
complying with section 14 of this policy related to medical cannabis may seek a
waiver from the WVBE.
Notes
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