BYU Education & Law Journal
Keywords
Education, Medical Marijuana, Education Law
Abstract
The topic of this legal analysis is the administration of medical
marijuana to students attending Colorado K-12 public schools.
Colorado has been a pioneer in legalizing the use of marijuana. Beginning
in the year 2000, Colorado voters approved Amendment 20
legalizing the use of marijuana for medical purposes. This law specifically
allows minors to receive a prescription for medical marijuana
under certain conditions. An unintended consequence of this law
is that minors meeting its requirements are requesting, along with
their caregivers and physicians, to have marijuana-based medication
administered to them at schools. The purpose of this legal analysis
is to explore issues related to students prescribed marijuana based
medical products which require administration during school
hours. The analysis will include a summary of relevant federal and
state statutes, case laws, and legal discussion of issues educators,
policymakers, and legal scholars should consider.
John Dewey referred to education as, “a fostering, a nurturing,
a cultivating process.” A vast majority of educators work tirelessly
to ensure that their efforts to properly educate all children
meet the ideal established by Dewey over 100 years ago. For most
students, the current public school system works. However, in order
for students to be successful at school, their individual needs must
be met - and these individual needs are proving to be more complex
than in years past. An example of the complexities associated with
public education in the 21st century is found in the 33 states that
have legalized the use of marijuana for medicinal purposes for
adults. Of these 33 states, 17 allow the prescription of marijuana based
medical products to minors. There are students attending
public schools in Colorado who rely on marijuana-based products for
therapeutic uses and, after having met the legal requirements in the
state, these students, along with their parents and physicians, are
requesting permission to have these marijuana-based products administered
at school.
Recommended Citation
Weiler, Spencer C. and Westbrook, Philip
(2020)
"Administering Medical Marijuana at School in Colorado: A Legal Analysis,"
BYU Education & Law Journal: Vol. 2020:
Iss.
1, Article 2.
Available at:
https://scholarsarchive.byu.edu/byu_elj/vol2020/iss1/2