§ 49414.1. — 49414.1. (Amended by Stats. 2020, Ch. 370, Sec. 80.)

California § 49414.1.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 4.
• Title 2.: DIVISION 4. INSTRUCTION AND SERVICES
• Part 27.: PART 27. PUPILS
• Ch. 9.: CHAPTER 9. Pupil and Personnel Health
• Art. 1.: ARTICLE 1. General Powers—School Boards

Text

(a)
For purposes of this section, the following apply:
(1)
“Cannabis” has the same meaning as in Section 11018 of the Health and Safety Code. “Cannabis” includes cannabis products.
(2)
“Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code.
(3)
“Medicinal cannabis” excludes medicinal cannabis or cannabis products in a smokeable or vapeable form.
(b)
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 of a pupil to possess and administer medicinal cannabis at a schoolsite to the 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.
(c)
The policy shall include, at a minimum, all of the following elements:
(1)
The parent or guardian shall not administer the medicinal cannabis in a manner that disrupts the educational environment or exposes 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.
(3)
The parent or guardian shall sign in at the schoolsite before administering the medicinal cannabis.
(4)
Before administering the medicinal cannabis, the parent or guardian shall provide to an employee of the school a valid written medical recommendation for medicinal cannabis for the pupil to be kept on file at the school.
(d)
For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records.
(e)
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 (b) may amend or 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.
(f)
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 (b) may amend or rescind the policy at a special meeting in compliance with Section 54956 of the Government Code if both of the following conditions are met:
(1)
Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b).
(2)
At the
meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b).
(g)
This section does not require the staff of a school district, county office of education, or charter school to administer medicinal cannabis.

Legislative History

Amended by Stats. 2020, Ch. 370, Sec. 80. (SB 1371) Effective January 1, 2021.