The Education Board approves rules for medical cannabis in schools in South Dakota

The standards of the South Dakota Board of Education unanimously passed new rules on Monday that set guidelines for the use of medicinal cannabis in schools in South Dakota. The move was prompted by the passage of Initiated Measure 26 (IM 26), an election proposal that legalized medical marijuana in South Dakota in last November’s general election.

The rules govern the administration of medical cannabis in the public and private elementary, middle, and high schools of South Dakota. The nine-page document contains provisions on the administration of medical cannabis to students, the permitted forms of medical cannabis, and reporting requirements. The approved rules also set out the responsibilities and rights of students, carers, volunteers and school staff in relation to the administration of medical cannabis to students in schools.

Jacqueline Sly, president of the South Dakota Board of Education Standards, noted that due to the complexity of the subject, the new rules are subject to future changes.

“As with all the other rules we make, sometimes we miss things or have to adjust things. I would say we have the opportunity to do this (here), ”Sly said. “I would also say we have to give it a fair shake and work out the kinks because some of it can be worked out at the local level.”

Diane Roy, General Counsel of the State Department of Education, agreed with Sly, noting that implementing IM 26 will be uncharted territory for school districts and administrators. As the legislation rolls out across the state, school officials need to remain flexible as medical marijuana guidelines evolve.

“I think it’s important for us to realize that these are still relatively new laws for schools, and there will likely be changes to these laws through changes,” said Roy. “School districts across the state will see laws and rules enforced in real life.”

Medical cannabis rules in schools in South Dakota Approved without objection

According to media reports, there were no loud objections to the proposed rules at the board meeting on Monday. However, some proponents of the new policy said there were still questions about some of the details, particularly legal issues.

“Our main concern has been school distribution and ownership and liability, with the possibility of something going wrong when we handle and distribute medical marijuana,” said Rob Monson, executive director of South Dakota School Administrators. “We are grateful that these are formulated very carefully in the rules.”

Wade Pogany, the executive director of the Associated School Boards of South Dakota, told the state board that he was in favor of the proposed rules for medical cannabis in schools in South Dakota and that his organization was helping school districts develop their schools to comply with local guidelines.

“We call this filling in the gaps,” Pogany said. “You people are responsible for what. We help with the how. “

“There’s really a balance between what IM 26 says and how you get that into schools,” Pogany added.

Noting that the newly approved medical cannabis rules for schools in South Dakota have the “leeway” school districts need to develop guidelines that work for their individual situation, Sly said, “We just need that flexibility in our state because we have so many different needs and the support that we have in our schools. “

The South Dakota Department of Health also sets rules for the implementation of IM 26, including developing regulations for the manufacture and distribution of medical cannabis and the requirements that patients must meet in order to obtain a doctor’s recommendation and state medical marijuana ID to obtain.

South Dakota voters voted for IM 26 in November’s general election with nearly 70% of the vote. Voters also voted in a poll to legalize adult cannabis, but it was later crushed by a district court judge. The case has been challenged in the South Dakota Supreme Court, which made oral statements on the lawsuit last month.