FL: Suncoast Districts Unsure How To Handle Medical Marijuana In Schools

Ron Strider

Well-Known Member
As the start of the new school year approaches, districts are still unclear on how to handle medical marijuana on school grounds.

Branden Petro of Hillsborough County suffers from one of the most deadly forms of epilepsy out there. His first seizure at 8-years-old put him into the hospital for four months. Then years later, Branden's life changed drastically for a second time.

"Branden became a medical cannabis patient, in 2014," Branden's mother Renee Petro says. "That was the first time Branden went seizure free on cannabis for 45 days."

Renee says because of medical marijuana Branden now only takes two pharmaceuticals a day. She says medical marijuana is no different than any other medicine.

Because Branden's epilepsy is so severe, Renee says he could die if she's not careful, so she's taken him out of school. But Renee continues to fight for the students who are still in school and need medical marijuana.

"No child or adolescent should be left behind because they cannot utilize this in the school setting," Renee says.

The problem is: Florida state law contradicts itself, according to one local school district's general counsel. According to the statute, at one point it says that for minors the caregiver or the one who administers the medical marijuana is a parent of legal guardian. At another point, it expands the caregiver to include district personnel. That leaves districts unclear on what the legal procedure is.

"From a legal perspective, it's hard to designated school personnel as a caregiver when the legislature clearly exempted them from being a caregiver," Manatee County School District general counsel Mitchell Teitelbaum says.

The other problem is school policies and federal laws say that school zones are to be drug free zones.

"When federal law conflicts with state law, federal laws control under the supremacy clause," Teitelbaum says.

It's going to be a case by case basis for the students of Manatee County, according to Teitelbaum. Administrators plan to evaluate what the medical necessity of that student is and what's best for him or her. At least that's how it'll work until state legislation and/or school policies are changed.

So it's safe to say there won't be any changes or amendments to state law before the school year starts. However, it's possible that lawmakers will look at the issue during the next session.

As far as school policy is confirmed, if districts decided to change anything, it would take at least a month, legally, until anything could be implemented.

Medicinal_Marijuana_-_Tim_Nelson.jpg


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