While marijuana remains a prohibited Schedule I controlled substance under federal law, individual states, including California, have incrementally decriminalized certain acts of possession, use, and growing of cannabis. Beginning with the Compassionate Use Act of 1996, California allowed individuals to possess limited quantities of cannabis when prescribed by a licensed health care provider in the treatment of health conditions. In 2018, California voters approved limited personal recreational use and growing of marijuana by adults 21 years of age or older. Yet these changes in state law did not alter or repeal state and federal laws prohibiting the possession of cannabis in public elementary and secondary schools (including medical cannabis).

Now comes Senate Bill 223 (SB 223), signed into law by Governor Newsom on Oct. 9, 2019. Also known as Jojo’s Act, SB 223 permits school districts, county boards of education, and charter schools maintaining kindergarten or any grades 1 to 12, to adopt a policy allowing a parent or guardian to administer medical marijuana to their student who is a “qualified patient” on school grounds.

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