Just over a month ago, the South Dakota Rules Review Committee rejected the Department of Education medical cannabis school rules. On July 9, the Department unanimously passed a second round of rules with a vote of 7-0.  

“We believe every concern (the Committee) raised (became) addressed here,” said one of the Department of Education’s attorneys Amanda LaCroix. The Department of Education, which isn’t a federal group but a state group, won’t know until July 19th if this second round of rules will become approved or not. The Rules Review Committee is a federal entity that presides over the state group. 

Previous Concerns

Some concerns raised during the initial Rules Review Committee meeting in early June address how the rules included private schools. This is outside of the Department of Education’s scope in regards to medical cannabis. Additionally, the other concern included administering medical cannabis in schools. The Committee discussed what extracurriculars students who consume medical cannabis can participate in.

The Department of Education removed all language involving private schools. In addition, student activity and class participation became addressed under South Dakota 24:80:03:01. 

“A school district may adopt policies to permit the administration and storage of medical cannabis by school personnel on or in school property or at a school-sponsored activity. The school district may adopt policies regarding the reasonable parameters of the administration and storage of medical cannabis. Such polices may also set parameters for student participation in school-sponsored activities or educational tasks that may put the student or others in an unsafe environment or potentially cause disruption. Such policies may also establish criteria for designated school personnel to administer medical cannabis or emergency administration of medical cannabis due to a life-threatening event. Criteria may also address the form of non-smokable medical cannabis that will be allowed to be stored and administered.”

Future

The Rules Review Committee is set to discuss the second round of school medical cannabis rules on Monday July 19. As more information becomes available, we will update you with the latest.

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