Jack’s Amendment

By: med_admin Published: May 18, 2015

Medical marijuana has been approved for use in Colorado schools pending the approval of Gov. John Hickenlooper. The bill passed state legislature on May 4th with overwhelming support. Gov. Hickenlooper has 30 days from the date the bill was passed to sign or reject it. This is the first bill in the nation of its kind. The amendment has been nicknamed “Jack’s Amendment” for a Colorado boy named Jack Splitt. Jack is a 14 year-old Colorado boy who has spastic quadriplegic cerebral palsy and dystonia. He was prescribed medical marijuana patches by doctors to help with his symptoms. However, his personal nurse was reprimanded by his middle school and told to never return with the patch. This bill will now change that. School children who are living with conditions like epilepsy, cerebral palsy, and seizures will now be able to use low doses of medical marijuana in the form of tinctures, oils, and patches while at school. Even though marijuana is legal in Colorado, schools have always been drug free zones and have prohibited the use of marijuana even for medical purposes. Supporters of the new amendment argue that medical marijuana should be treated no different than any other medication.

Below is the section of the amendment that grants medical marijuana to be given to a child in school by a caregiver when medically necessary.

SECTION 8. In Colorado Revised Statutes, 25-1.5-106, amend 26 (12) (b) (IV) as follows:

27 25-1.5-106. Medical marijuana program – powers and duties -14- 014 1 of state health agency – rules – medical review board – medical 2 marijuana program cash fund – subaccount – created – repeal. 3 (12) Use of medical marijuana. (b) A patient or primary caregiver shall 4 not:

5 (IV) Possess medical marijuana or otherwise engage in the use of 6 medical marijuana in or on the grounds of a school or in a school bus; 7 EXCEPT WHEN THE POSSESSION OR USE OCCURS IN ACCORDANCE WITH A 8 SCHOOL DISTRICT BOARD POLICY ESTABLISHED PURSUANT TO 22-1-119.3, 9 C.R.S.; 10

SECTION 9. In Colorado Revised Statutes, 22-1-119.3, amend 11 (3) (c) as follows: 12

22-1-119.3. Policy for student possession and administration 13 of prescription medication – rules. (3) (c) A student shall not possess 14 or self-administer medical marijuana on school grounds, upon a school 15 bus, or at any school-sponsored event; EXCEPT THAT A SCHOOL DISTRICT 16 MAY ADOPT A POLICY, IN ACCORDANCE WITH THE REQUIREMENTS OF THIS 17 SECTION, THAT AUTHORIZES A STUDENT’S PARENT OR A MEDICAL 18 PROFESSIONAL WHO ACCOMPANIES A STUDENT TO SCHOOL, ON THE 19 SCHOOL BUS, OR TO ANY SCHOOL-SPONSORED EVENT AND ASSISTS THE 20 STUDENTWITH THE ADMINISTRATION OF MEDICAL MARIJUANA TO POSSESS 21 AND ADMINISTER MEDICAL MARIJUANA TO THE STUDENT IN AN 22 APPROPRIATE LOCATION ON SCHOOL GROUNDS, UPON A SCHOOL BUS, OR 23 AT ANY SCHOOL-SPONSORED EVENT. A POLICY PERMITTING A PARENT OR 24 MEDICAL PROFESSIONAL TO ADMINISTER MEDICAL MARIJUANA TO A 25 STUDENT MUST REQUIRE THAT THE STUDENT HOLD A VALID 26 RECOMMENDATION FOR MEDICAL MARIJUANA, THAT THE ADMINISTERING 27 PARENT BE THE STUDENT’S PRIMARY CAREGIVER OR THAT THE -15- 014 1 ADMINISTERING MEDICAL PROFESSIONAL BE EMPLOYED SPECIFICALLY TO 2 ASSIST THE STUDENT IN ADMINISTERING MEDICAL MARIJUANA, AND THAT 3 THE LOCATION AND METHOD OF ADMINISTRATION OF MEDICAL MARIJUANA 4 DOES NOT CREATE SIGNIFICANT RISK TO OTHER STUDENTS

The full bill can be seen at: http://www.leg.state.co.us/clics/clics2015a/csl.nsf/fsbillcont3/088E74361A7DCFB887257D900078263B?open&file=014_enr.pdf

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