PUBLIC Law, Chapter 369, An Act To Provide Reasonable Accommodations for School Attendance for Children Certified for the Medical Use of Marijuana

An Act To Provide Reasonable Accommodations for School Attendance for Children Certified for the Medical Use of Marijuana

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §6306 is enacted to read:

§ 6306. Eligibility to attend school

A child who holds a written certification for the medical use of marijuana under Title 22, section 2423-B may not be denied eligibility to attend school solely because the child requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school.

Sec. 2. 22 MRSA §2426, sub-§1, ¶B, as enacted by IB 2009, c. 1, §5, is amended to read:

B. Possess Except as provided in subsection 1-A, possess marijuana or otherwise engage in the medical use of marijuana:

(1) In a school bus;

(2) On the grounds of any preschool or primary or secondary school; or

(3) In any correctional facility;

Sec. 3. 22 MRSA §2426, sub-§1-A is enacted to read:

1-A. School exceptions. Notwithstanding subsection 1, paragraph B, a primary caregiver designated pursuant to section 2423-A, subsection 1, paragraph E may possess and administer marijuana in a nonsmokeable form in a school bus and on the grounds of the preschool or primary or secondary school in which a minor qualifying patient is enrolled only if:

A. A medical provider has provided the minor qualifying patient with a current written certification for the medical use of marijuana under this chapter; and

B. Possession of marijuana in a nonsmokeable form is for the purpose of administering marijuana in a nonsmokeable form to the minor qualifying patient.

Effective 90 days following adjournment of the 127th Legislature, First Regular Session, unless otherwise indicated.

HP0381 LD 557	PUBLIC Law, Chapter 369 on - Session - 127th Maine Legislature
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