According to the National Conference of State Legislatures, thirty-three states plus the District of Columbia allow the use of medical cannabis. Of these, 17 states permit the prescription of cannabidiol to minors.
In 2018 the issue of student access came to the forefront in Illinois, where a student was not permitted to consume legally prescribed low-THC cannabidiol on school grounds. In response to a lawsuit filed by the Surins, the Illinois legislature passed H.B. 4870, also known as Ashley’s Law, allowing students to consume non-smokable medical marijuana on school grounds.
Colorado, Florida, Maine, New Jersey and Washington have similar laws as the Illinois legislation in that;
Note: Florida and Washington, leave the detail to school districts to decide on implementing and or allowing students to consume on school property.
On August 12, 2019, Illinois Governor J.B. Pritzker signed Public Act 101-0370 (SB 0455), which significantly expands Ashley’s Law relating to the use and administration of medical cannabis to students in schools. One of the most significant changes is that Medical cannabis prescribed by a physician can be stored on school grounds in the same manner as other medications (securely with direct access only by school personnel).
The Committee for Pediatric and Adolescent Medical Cannabis introduced language to Michigan legislators in January of 2020, recommending a Bill that will protect the rights of the child, parents, legal guardian, teacher, nurse, bus driver and any other person responsible for administering. It is important to also include protections for all school related activities the children participate in such as sports, field trips, bus rides, events and summer camp programs.
We are proposing that Michigan adopt a new state law, that mirrors “Ashley’s Law (IL HB4870)” which has been successfully in effect for more than a year in Illinois. The impact of such a law would allow for statewide training for school nurses and the staff administering with collaboration between the Michigan Board of Education and the Department of Health as was done in Illinois. Children need access to their treatment wherever they are, especially in emergency situations such as a seizure. Under the current laws in Michigan, a child who is registered with the state to use cannabis would have to be removed one thousand feet from the school before they could receive medicine containing THC (Tetrahydrocannabinol) and CBD (cannabidiol).
Please show your support for Jayden’s Law by calling and emailing your state representative to let them know that you support House Bill 5063 and House Bill 5064
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