Maine law provides that a “primary caregiver” (defined as parent, guardian or legal custodian under Maine’s medical marijuana law, 22 MRSA §2423-A91)(E)) may possess and administer marijuana in a nonsmokeable form on the grounds of the primary or secondary school in which a minor qualifying patient is enrolled, if: a) a medical provider has provided the minor qualifying patient with a current written certification for the medical use of marijuana, and b) possession of medical marijuana is for the purpose of administering it to the minor qualifying patient.
In order to facilitate administration of medical marijuana with minimum interruption of instructional time for the student and with minimum disruption of routine school operations, the Board approves the following guidelines for the administration of medical marijuana:
- The person administering the medical marijuana must provide proof that:
- He/she is the primary caregiver for the student;
- The student has a current written certification from a medical provider for the use of medical marijuana;
- The student needs to have the drug administered during the school day, as opposed to before or after school.
- The marijuana must be in a nonsmokeable form;
- The marijuana must be possessed only by the primary caregiver and only for the purpose of administering it to the student at school;
- Medical marijuana may only be possessed by the primary caregiver; it cannot be given or held by any school employee, student or other person in school, with the exception of the “qualifying patient”;
- Only the primary caregiver may administer medical marijuana – it cannot be done by, or delegated to, a school employee or any person other than the primary caregiver;
- Medical marijuana may be administered only at the principal’s office or area designated by the principal; the primary caregiver must go there directly after signing in at the main office; and
- The student may not possess medical marijuana at any time or place except during the time of its consumption, at the designated location, and under the supervision of the caregiver.
A student who holds written certification for the medical use of marijuana may not be excluded (suspended or expelled) from school because he/she requires medical marijuana to attend school.
Legal Reference: Maine 2015P.L. Ch. 369
Adopted: December 12, 2017