Fayette School Board must decide whether students can use medical marijuana at school
Under a new Kentucky law, Fayette County’s school board and all others in the state must create a policy to either permit or prohibit the use of medical marijuana, or medicinal cannabis, by students on school property.
In January 2023, an executive order signed by Gov. Andy Beshear began allowing qualifying Kentuckians with chronic conditions to use medical marijuana. By 2025, Kentucky’s new medical marijuana law will take effect, granting legal access to noncombustible cannabis products without traveling across state lines. Recreational use of marijuana remains illegal in Kentucky.
Kentucky School Boards Association Director of Policy Katrina Kinman notified Fayette School Board members at their June 10 planning meeting that they must create a policy by Dec. 1.
Fayette School Board members said at the Monday meeting they are going to wait for possible changes in federal drug laws this year and to have more discussion.
In Louisville, Jefferson County Public Schools this week drafted a policy to allow students who have a prescription from a medical professional to take medical marijuana at school. That school board will vote on it later this month, district spokesman Mark Hebert confirmed.
Board members must either prohibit the use or permit it for a student who qualifies for medicinal marijuana and has parental permission, Kinman said. If the board permits it, they have to require that it be administered by a school nurse, or under the supervision of school staff or a parent or guardian.
The medical marijuana must be given to students out of view of other students.
Debbie Boian, the district official who oversees Fayette County school nurses, told School Board members that school nurses have some apprehensions about giving medical marijuana to students. Staff members can refuse to administer it to students under the new state law.
School Board member Jason Moore, who is also a DEA agent, said there could soon be changes to federal law regarding medical marijuana but for now its still against federal law to hand out.
Moore said he would hate to put school employees in “a trick bag” by violating federal law if they helped administer medical marijuana to a student.
Whatever the School Board decides, the policy will be effective January 2025.
Fayette Superintendent Demetrus Liggins recommended that district officials have more conversations with the community, with school nurses and a county Health Department commissioner before considering a policy.
District Chief Legal Officer Shelley Chatfield suggested that Fayette officials wait and see what happens with the federal law.
“There are a lot of unknowns,” Fayette School Board Chairman Tyler Murphy said. He suggested that Fayette School District staff “do more homework on this.”
This story was originally published June 14, 2024 at 1:37 PM.