Professional Documents
Culture Documents
Changed
I. INTRODUCTION
1. Parents Seek Help fo r Son with Autism and Reoccurring Behavioral Crises, AUTISM
10, 2015), https://www.autismspeaks.org/blog/2013/10/25/parents-seek-help-
S p e a k s (N ov .
son-autism-and-recurring-behavioral-crises.
443
444 Journal of Law & Education [Vol. 45, No. 3
2. Jay Syrmopoulos, Parents Threatened with Arrest fo r Treating Daughter’s Epilepsy with
Legal Cannabis Oil at School Alternate Inc., AlterN et (Sept. 24, 2015, 2:03 PM),
http://www.altemet.org/drugs/parents-threatened-arrest-treating-daughters-epilepsy-cannabis-oil-
school.
3. U.S. Const, amend. XIV, § 1.
4. Meyer v. Neb., 262 U.S. 390, 29 1923).
Summer 2016] Chalk Talks 445
5. Maple Shade, N.J. District Becomes First To Allow Medical Marijuana For Students,
CBS (Nov. 13, 2015), http://newyork.cbslocal.com/2015/ll/13/maple-shade-n-j-medical-
marijuana-students/.
6. Christina Lobrutto, N.J. Bill Would Allow Sick Kids To Use Medical Marijuana Oil In
School, P hilly V oice (June 23, 2015), http://www.phillyvoice.com/nj-bill-sick-kids-medicaI-
marijuana-oil-school/.
7. Susan K. Livio, N.J. Lawmakers Push Bill Allowing Sick Kids To Use Medical
Marijuana Oil In School (June 22, 2015), http://www.nj.com/politics/index.ssf/2015/06/
nj_]awmakers_introduce_bill_allowing_sick_kids_to.html#incart_river.
8. Susan K. Livio, N.J. Family In Medical Marijuana Dispute With School Appears On
'The View,’ (September 21, 2015), http://www.nj.com/politics/index.ssf/2015/09/nj_family_
in_medical_marijuana_dispute_with_school.html.
446 Journal of Law & Education [Vol. 45, No. 3
9. Patrick Whittle, Schools Start To Grapple With Medical Marijuana Use By Students As
Policy Lags Behind Acceptance, U.S. NEWS & WORLD R e p o r t (Jan. 7, 2016),
http://www.usnews.com/news/us/articles/2016-01 -07/schools-mull-medical-marijuana-policies-
over-student-use.
10. Celeste Whitaker, Christie Passes Medical Marijuana Bill, COURIER-POST (Nov. 9,
2015), http://www.courierpostonline.eom/story/news/2015/l 1/09/christie-passes-medical-
marijuana-bill/75481668/.
11. Joe Landou, New Jersey Parents Sue To Allow Daughter To Use Medical Marijuana In
School, N.Y. D a il y N e w s (May 3, 2015), http://www.nydailynews.com/life-style/health/
parents-sue-daughter-medical-marijuana-school-article-1.2208717.
12. Susan K. Livio, N.J. Family In Medical Marijuana Dispute With School Appears On
'The View', NJ.COM (Sept. 21, 2015), http://www.nj.com/politics/index.ssf/2015/09/nj_family_
in_medical_marijuana_dispute_with_schooI.html.
13. Patrick Whittle, Schools Start To Grapple With Medical Marijuana Use By Students As
Policy Lags Behind Acceptance, U.S. NEWS & WORLD REPORT (Jan. 7, 2016),
http://www.usnews.com/news/us/articles/2016-01-07/schools-mull-medical-marijuana-policies-
over-student-use.
14. Jay Syrmopoulos, Parents Threatened with Arrest fo r Treating Daughter’s Epilepsy
with Legal Cannabis Oil at School Alternate Inc., A l t e r N e t (Sept. 24, 2015, 2:03 PM),
http://www.altemet.org/drugs/parents-threatened-arrest-treating-daughters-epilepsy-cannabis-oil-
school.
Summer 2016] Chalk Talks 447
oil. The family appealed the decision in state and federal court, on the
grounds that their daughter was being denied her education because of
her illness. Legal experts claimed that the case was the first of its kind in
the United States. Months after the Barbours’ legal loss with Judge
Kennedy, a new bill, inspired by Genny, was introduced by New Jersey
lawmakers. This bill would allow students to consume medical
marijuana oil in school if parents or a legal guardian would come to the
school to administer it.15 However, smoking marijuana on school
grounds would still be prohibited. The A4587 bill would protect school
districts from any liability associated with cannabis use because children
would have to have a developmental disability, and they would need to
be registered with the state's medical marijuana program.16
The A5487 bill was signed into law in November 2015 by New
Jersey Governor, Chris Christie. While the new law does not allow the
school nurse to administer the dose, Genny's mother is now allowed to
bring Genny’s lunch time dose to her every day at school. Even though
the family is ecstatic with the win, Genny’s mother said, “What parent
has the time to go into the school every day to do it?” The family plans
on continuing to fight to allow school nurses to administer the doses in
the future.
Two months after this A5487 bill was signed into law, a city of about
23,000 in Auburn, Maine approved a policy to allow students to have
medical marijuana under the same conditions as Genny’s school district.
The policy had to be based on the conditions of the legislation.17
Prescriptions would have to be approved by a physician and
administered in school by a parent or guardian. To date, only three of
the twenty three states where medical marijuana is legal have seen
schools or state officials set up similar rules.18 If the remaining twenty
15. Maple Shade, N.J. District Becomes First To Allow Medical Marijuana For Students,
CBS, (Nov. 13, 2015), http://newyork.cbslocal.com/2015/ll/13/maple-shade-n-j-medical-
marijuana-students/.
16. Supra, note 15.
17. Asher Fogle, Medical Marijuana Saved Our Daughter's Life, GOOD HOUSEKEEPING
(June 24, 2015), http://www.goodhousekeeping.com/health/a33066/genny-barbour-medical-
marijuana/.
18. Parents Seek Help for Son Autism and Recurring Behavioral Crises, A u t is m S p e a k s
(November 10, 2015), https://www.autismspeaks.org/blog/2013/10/25/parents-seek-help-son-
autism-and-recurring-behavioral-crises.
448 Journal of Law & Education [Vol. 45, No. 3
states would follow New Jersey’s lead, kids in every school district
suffering from an illness would be able to obtain their medication at
school without having to leave school grounds. Policies like this would
allow students to have a consistent routine that students without
illnesses enjoy every day.
The fear that state public school systems have, of the medical
marijuana becoming recreational in the school, has no merit. The
administration of the drug would be followed through with the same
protocol of other medications that students have always been allowed to
take throughout a school day. If the last twenty states followed New
Jersey’s lead and allowed the administration of the meds through a parent
or a school nurse, the student would only have access to it in the moment
they are consuming it; which would be in front of a parent or school
nurse, in a private room within the school. The supervising individual
would be responsible for making sure the student fully consumed it.
VII. CONCLUSION
Ajla Hakalovic
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