From ABC to CBD – When Marijuana and Schools Collide


Lozano Smith Client News Brief
The issue of students using marijuana in California’s public schools is an ever evolving issue, and leaves 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 what hasn’t changed in terms of student discipline, what may have changed in special education, and proposed legislation poised to impact students and schools on this topic. This thoughtful discussion fully explores the latest on this 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)
  • 12:25 Compassionate Use Act (1996)
  • 16:22 Memo from Trump Administration:Sessions Memo(2018)
  • 19:05 Education Code section 48900(Suspension and Expulsion)
  • 19:19 Education Code section48915(Expulsion)
  • 24:08 Education Code section49423(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 FDAFAQsRegarding Marijuana
  • 44:37 FDAPublic Hearingon May 31, 2019
  • 51:32 SB 1127 (2018):Governor's Veto
  • 51:39 SB 223 (2019):Text of Pending Bill

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