Hearing set for how South Dakota K-12 schools may have medical cannabis given to students

South Dakota Marijuana

PIERRE, S.D. (KELO) — South Dakota’s school districts wouldn’t be required to allow students to receive medical cannabis, according to proposed rules that came out Monday, May 3.

The state Board of Education Standards plans a public hearing on Monday, May 17, at 9 a.m. CT at the MacKay Building, 800 Governors Drive, Pierre.

One of the rules proposed by the state board says, “Medical cannabis shall be in the form of non-smokable marijuana.”

Nearly 70% of South Dakota voters said yes to IM 26 in the November 3 election. The new law takes effect July 1, although it likely will take longer for dispensaries to open in communities.

Under the proposed rules, all students, including those age 18 and older, would be prohibited from possessing or administering medical cannabis on school property or at a school-sponsored activity.

Instead, they would need to have a designated caregiver provide it to them.

Parents or legal guardians would have to present registration cards from licensed health-care practitioners ahead of time for students to receive it.

Schools could opt out under the proposal. A school district would have to post an explanation on its website and explain that it would lose or has lost federal funding as a result of complying with medical cannabis rules.

Marijuana is a schedule 1 drug and generally prohibited under federal law.

South Dakota school districts also would be allowed to set local policies regarding administration and storage of medical marijuana on school property and at school-sponsored activities.

School districts could also designate the form of non-smokable marijuana that would be allowed.

Meanwhile, the Legislative Research Council announced Monday that people are being sought to serve on a marijuana marijuana oversight committee.

The Legislature’s Executive Board also has established a 24-member committee to study medical and adult-use marijuana.

The South Dakota Supreme Court is considering whether Constitutional Amendment A legalizing marijuana for adults age 21 and older is valid. About 54% of voters approved it November 3. It was supposed to take effect July 1 but a circuit judge in February declared it invalid.

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