Medical Marijuana Use: Considerations for a Free, Appropriate Public Education. (January 2023)

• Record Type: Journal Article
• Authors: Yell, Mitchell L.; Edlein, Rachel; Katsiyannis, Antonis
• Other Names: Chow Jason C. guest-editor.
• Is Part Of: Intervention in school and clinic. Volume 58:Number 3(2023)
• Page Start: 210
• Page End: 212
• Publication Date: 2023-01
• Subjects: law -- legal -- policy; Learning disabled children -- Education -- Periodicals; Problem children -- Education -- Periodicals; Behavior disorders in children -- Periodicals; Special education -- Periodicals; 371.9
• DOI: 10.1177/10534512221081231
• Languages: English
• ISSNs: 1053-4512

Abstract

In special education, medication often plays a critical role in meeting the needs of students with disabilities. The use of medications in schools, however, can be a problem when state laws and federal law conflict regarding the use of a medication, in this situation, medical marijuana. This column reports on a ruling by the U.S. District Court in New Mexico involving medical marijuana, in which state law in New Mexico and federal law conflicted. A short-term solution may be for school districts to consider home instruction as a means to ensure a free, appropriate public education (FAPE) for qualified students with disabilities who need medical marijuana. A long-term solution may be to amend state laws, and the federal law (i.e., the Controlled Substances Act of 1970) that prohibits marijuana use, to allow the use and administration of medical marijuana in schools.