In September 2022, Policy No. 2422.7 was adopted by the West Virginia Department of Education. This established standards and best practices to address the growing need for students to be administered medical cannabis on school property.
After the policy was created, the West Virginia State School Board asked for individual counties to review and adopt the accommodations for students who are registered medical cannabis patients. Early in March 2023, the Raleigh County Board of Education adopted the new student policy.
Now, Ohio County is discussing implementing the same accommodations for children who require medicinal cannabis during daytime hours. However, adoption in Ohio County schools may take time as procedures are agreed upon.
Can School Nurses Administer Medical Marijuana in West Virginia?
For the safety of students, schools are drug-free zones; however, in cases where students require medication to be administered during the school day, whether prescription or over-the-counter (OTC), arrangements can be made with the school nurse. This allows for safe and controlled doses to be provided to the minor.
However, things are different regarding medical cannabis policy inside educational institutions. Because federal law still identifies cannabis as an illicit controlled substance, and for fear of legal liability, schools do not permit:
- Possession of medical cannabis on school property.
- Administration of medical cannabis products by a school nurse.
- Parents should administer medical cannabis to their children on school grounds.
The restrictive medicinal cannabis policy provided by schools creates significant hardship for parents and students. In some cases, where parents are not able to visit the school every day and remove their child from school property to administer medical cannabis, children may be able to attend in the morning. Returning to home at lunch for the duration of the day because they require their dose.
For parents who are able to leave work to attend to their child’s medical needs, it is an additional cost and stressor added to the workday. Not to mention, frequent absences could, in some cases, jeopardize the job of the individual.
If the guidelines are accepted by counties in West Virginia, Registered Nurses employed at schools would be able to assist patients with dosing on school property and during school hours.
The proposed changes suggest that Nurses would review the patient’s cannabis prescription, including the recommended dose and potency. This may also involve speaking to the student’s physician regarding the treatment plan before any doses are administered.
Caregivers Must be Registered in the West Virginia Medical Cannabis Program
In order for minors to receive medicinal cannabis, they must be registered as a pediatric patient with the West Virginia Office of Medical Cannabis (OMC). However, minors are not permitted to purchase and self-administer prescribed cannabis products. They must be assisted by a legal guardian who is twenty-one (21) years of age or older.
Parents or guardians who wish to provide medicinal cannabis to a pediatric patient must:
- Create an account to apply for a Caregiver ID card.
- Submit to a criminal background test.
- Provide proof of state residency.
- Indicate guardianship of the minor who will be assisted.
- Pay the application fee.
Individuals who wish to be medical cannabis caregivers must apply separately for each patient. A caregiver in West Virginia can provide assistance to five patients. Parents who are caregivers would be required to provide their certification as well as the student’s prescription to their local Ohio County Board of Education.
Aaron Bloom, an experienced healthcare attorney, serves as the CEO of DocMJ and Medwell Health and Wellness Centers, where he has overseen the organizations’ mission and growth since 2016. In addition to his leadership roles, Aaron serves on the Board of Directors for Waterfall Bank, bringing his expertise in healthcare, compliance, and strategic growth to the financial services sector.
Aaron’s passion for improving patients’ lives stems from more than 20 years of owning, operating, and representing traditional healthcare organizations. Throughout his career, he has remained committed to finding better ways to relieve suffering and expand access to innovative, patient-centered care. As CEO, Aaron works each day to help patients achieve better health and wellness through the therapeutic benefits of medical cannabis and other evidence-based alternative medicines.