The South Dakota policy does not require a school district to have a policy allowing medical cannabis patients to store and dispense cannabis, but it does allow them to do so. Schools can also set criteria that allow emergency cannabis administration in the event of a life-threatening emergency.
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Nothing in state law requires school districts or staff to store or administer cannabis. A school is not required to comply so long as the district can reasonably demonstrate that it is losing federal funding as a result of complying with the Medical Cannabis Policy, or if the district posts a prominent statement on its website indicating its decision not to comply with the policy. Roy said she was not aware of any school in the country that had lost federal funding to complying with state medical cannabis laws.
One of the main concerns of the committee was the inclusion of private schools in the statute.
The Educational Standards Committee reached out to the Colorado Department of Education to inquire about their implementation and confirmed that the Colorado DOE has no oversight of private schools in the state. The South Dakota DOE bylaws therefore only apply to public schools and charter schools that are under the jurisdiction of the DOE.
Roy said that given the statute codified in 34-20G, the educational standards committee had little choice in adopting the directive.