May 09, 2019

Episode 20: From ABC to CBD – When Marijuana and Schools Collide

1 hour 3 minutes

The issue of students using marijuana in California’s public schools is ever-evolving, leaving many confused as to the state of the law. Sloan Simmons engages experts in this area of school law, Aimee Perry and Alyssa Bivins, on the most recent developments, including issues for school districts to consider when it comes to student discipline, special education, medication administration, as well as possible changes to state and federal law regarding cannabis which, if passed, would affect school districts. This thoughtful discussion fully explores the latest on these topics, including trending practices and options for school officials.

Show Notes & References

6:08 Controlled Substances Act (1970)

8:19 Safe & Drug Free Schools and Communities Act (1994)

9:43 Memos from Obama Administration: Ogden Memo (2009) Cole Memo (2013)

11:06 Current Congressional “Rider”: Congressional Appropriations Act (2019)

12:25 Compassionate Use Act (1996)

13:42 Ninth Circuit Case: United States v. McIntosh (2016)

16:05 Proposition 64 (November 2016)

16:22 Memo from Trump Administration: Sessions Memo (2018)

19:05 Education Code section 48900 (Suspension and Expulsion)

19:19 Education Code section 48915 (Expulsion)

24:08 Education Code section 49423 (Medication Administration)

25:33 FDA Approval of Epidiolex: June 26, 2018

26:10 DEA Classification of Epidiolex on Schedule V: September 27, 2018; see also Federal Register.

30:32 Student v. Sylvan Union School District (2014) OAH Case No. 2014010077

33:08 Student v. Rincon Valley Union Elementary School District (2018) OAH Case No. 2018050651(Client News Brief: October 2018)

43:36 FDA FAQs Regarding Marijuana

44:37 FDA Public Hearing on May 31, 2019

51:32 SB 1127 (2018): Governor’s Veto

51:39 SB 223 (2019): Text of Pending Bill

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

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