School districts defying hazy rules on the use of medical marijuana for students

School districts defying hazy rules on the use of medical marijuana for students

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Hazy about medical marijuana laws in Florida? TCPalm rolls out the basics for you. LISA BROADT/TCPALM Wochit School districts across Florida continue to defy state law with their policies of banning students’ use of physician-recommended medical marijuana. Districts in Brevard, Collier, Indian River, Lee, Martin and St. Lucie counties, for example, say they simply are complying with federal law, which still classifies all marijuana, whether medicinal or recreational, an illegal drug. Yet even on the state level it’s hard for school districts to know what rules to follow. More: Florida’s embattled medical-marijuana director resigns More: Out-of-state medical marijuana licenses a challenge Florida Statutes require every school district to write a policy for how it will allow administration of medical marijuana. At the same time, the Florida Constitution, following what voters approved 2 years ago, exempts schools from providing “any accommodation of any on-site medical use of marijuana,” "Each district school board shall adopt a policy and a procedure for allowing a student who is a qualified patient … to use marijuana … Such policy and procedure shall ensure access by the qualified patient; identify how the marijuana will be received, accounted for, and stored; and establish process to prevent access by other students and school personnel whose access would be unnecessary for the implementation of the policy." — Florida Statutes “State law doesn’t trump federal law," explained Mitchell Teitelbaum, general counsel of the Manatee County School District, who has led workshops on the issue for the Florida School Boards Association and the Florida Association of District School Superintendents. As for the mixed signals the state is sending school districts, “The voters approved keeping it away from schools and prisons," Teitelbaum said. "But the Legislature amended it to allow students to use it. What we need is the state Legislature […]

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