Bill Text: VA HB1720 | 2019 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Cannabidiol oil and THC-A oil; possession or distribution at public school.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2019-03-18 - Governor: Acts of Assembly Chapter text (CHAP0573) [HB1720 Detail]

Download: Virginia-2019-HB1720-Enrolled.html

VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §22.1-277 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-251.1:1, relating to cannabidiol oil and THC-A oil; use at school.
[H 1720]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That §22.1-277 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-251.1:1 as follows:

§18.2-251.1:1. Possession or distribution of cannabidiol oil or THC-A oil; public schools.

No school nurse employed by a local school board, person employed by a local health department who is assigned to the public school pursuant to an agreement between the local health department and the school board, or other person employed by or contracted with a local school board to deliver health-related services shall be prosecuted under §18.2-248, 18.2-248.1, 18.2-250, 18.2-250.1, or 18.2-255 for the possession or distribution of cannabidiol oil or THC-A oil for storing, dispensing, or administering cannabidiol oil or THC-A oil, in accordance with a policy adopted by the local school board, to a student who has been issued a valid written certification for the use of cannabidiol oil or THC-A oil in accordance with subsection B of §54.1-3408.3.

§22.1-277. Suspensions and expulsions of students generally.

A. Students may be suspended or expelled from attendance at school for sufficient cause; however, in no cases may sufficient cause for suspensions include only instances of truancy.

B. Except as provided in subsection C or §22.1-277.07 or 22.1-277.08, no student in preschool through grade three shall be suspended for more than three school days or expelled from attendance at school, unless (i) the offense involves physical harm or credible threat of physical harm to others or (ii) the local school board or the division superintendent or his designee finds that aggravating circumstances exist, as defined by the Department.

C. Any student for whom the division superintendent of the school division in which such student is enrolled has received a report pursuant to §16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of §16.1-260 may be suspended or expelled from school attendance pursuant to this article.

D. The authority provided in §22.1-276.2 for teachers to remove students from their classes in certain instances of disruptive behavior shall not be interpreted to affect the operation of §22.1-277.04, 22.1-277.05, or 22.1-277.06.

E. Notwithstanding the provisions of §22.1-277.08, no school board shall be required to suspend or expel any student who holds a valid written certification for the use of cannabidiol oil or THC-A oil issued by a practitioner in accordance with subsection B of §54.1-3408.3 for the possession or use of such oil in accordance with the student's individualized health plan and in compliance with a policy adopted by the school board.

2. That the Department of Health Professions, in coordination with the Department of Education, shall develop and make available to school boards a standardized form that is to be completed by a practitioner who issues a written certification and a pharmaceutical processor that dispenses the cannabidiol oil or THC-A oil to a student. A completed form shall identify the student; specify the dosage of the cannabidiol oil or THC-A oil, the frequency in which it is to be administered, and any other circumstances that may warrant its use; and provide other relevant information.

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