Cannabis Law Prof Blog

Editor: Franklin G. Snyder
Texas A&M University
School of Law

Friday, September 28, 2018

California 5-Year-Old Can Bring Cannabis to Kindergarten Classroom

AaaA California judge ruled that a kindergartner can continue bringing her cannabis-based drug to school. The 5-year old at the center of this ruling is Brooke Adams, a Santa Rosa student who is living with a rare form of epilepsy, treatable with an ointment that contains the same active ingredient found in marijuana. The oil is applied three times a day by a nurse who accompanies Adams to school. 


FoxNews.com
reporter Christopher Carbone provides the full story

The Rincon Valley Union School District had sought to ban the ointment from the school because it contains the active ingredient in marijuana.

 

Officials said allowing Adams to use the drug at school would violate state and federal laws barring medical marijuana on school grounds.

. . .

 

The judge's temporary order permitted the young girl to start school in August while the district's objections were considered. . .

 

Judge Charles Marson made the order permanent on Friday.

California law currently allows for the use of medical marijuana in private spaces with a doctor's recommendation. Additionally, California's Medical Marijuana Law provides, "Patients should avoid possession of marijuana in school zones, as there are typically additional penalties for the possession, use, and cultivation of marijuana near schools, whether it is for medical or recreational use." 

Adams' situation demonstrates the need for guidance in regards to cases similar to hers, as medical marijuana is proving to be a viable solution for numerous illnesses and diseases. 


Joe Rogoway, attorney for the Adams family, stated he "hopes the ruling opens the door for other students who say they need to use a cannabis-based drug on campus for medical reasons."

Assistant Superintendent, Cathy Myhers shared a similar sentiment stating, "We are happy to have a decision that supports our ability to educate and serve this student in our public schools."

 

-- Gianna Redeemer

http://lawprofessors.typepad.com/cannabis_law/2018/09/california-5-year-old-can-bring-cannabis-to-kindergarten-classroom-.html

Drug Policy, Federal Regulation, Local Regulation, Medical Marijuana | Permalink

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