W. Va. Code R. § 126-25A-14

Current through Register Vol. XLI, No. 17, April 26, 2024

Section 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.

W. Va. Code R. § 126-25A-14