From heroin to medical marijuana: what districts need to know Megan Greulich, Staff Attorney Hot Topics in School Law October 5, 2016 OSBA leads the way to educational excellence by serving Ohio s public school board members and the diverse districts they represent through superior service, unwavering advocacy and creative solutions. Heroin and the Opioid Epidemic OSBA leads the way to educational excellence by serving Ohio s public school board members and the diverse districts they represent through superior service, unwavering advocacy and creative solutions. 1
The Opioid Epidemic Heroin, fentanyl, opioid pain medications Unintentional fentanyl-related drug overdoses increased from 503 in 2014 to 1,155 in 2015. The percentage of prescription opioidrelated deaths declined for the fourth straight year. 81 million fewer opioid doses dispensed to Ohio patients in 2015 than in 2011. Opioid Abuse Prevention Governor s Cabinet Opiate Action Team (GCOAT) Prescribing guidelines for emergency departments and acute care facilities. Guidelines encourage prescribers to check OARRS before prescribing an opioid. Start Talking! statewide youth drug prevention initiative http://education.ohio.gov/topics/other- Resources/Start-Talking 2
Opioid Abuse Prevention Creating pathways to addiction treatment and recovery Expansion of Naloxone (Narcan) availability and use: HB 170 (14) HB 4 (15) HB 462 (16) Naloxone (Narcan) Ohio Revised Code (RC) section 2925.61 (B) A family member, friend, or other individual who is in a position to assist an individual who is apparently experiencing or at risk of experiencing an opioid-related overdose, is not subject to criminal prosecution for a violation of section 4731.41 of the Revised Code or criminal prosecution under this chapter if the individual, acting in good faith (D) A peace officer employed by a law enforcement agency, acting in good faith 3
Naloxone Family member, friend, or other individual is protected from criminal liability if they do all of the following: Obtain naloxone by prescription or from another source listed in statute; administer naloxone AND attempt to summon emergency services. Naloxone in Schools Talk with board counsel Written procedures for handling, storing, administering, etc. Consider naloxone side effects Meet with first responders Consider including in school safety plan 4
Medical Marijuana OSBA leads the way to educational excellence by serving Ohio s public school board members and the diverse districts they represent through superior service, unwavering advocacy and creative solutions. Medical Marijuana Ohio House Bill (HB) 523 (Eff. 9/8/16) Authorizes the use of marijuana for medical purposes Establishes the Medical Marijuana Control Program Requires criminal records checks for entities seeking to cultivate or dispense medical marijuana, and employees of those entities Allows for zoning regulations on locations of medical marijuana cultivators, processors or retail dispensaries 5
Medical Marijuana Department of Commerce Provide for licensure of: Medical marijuana cultivators and processors Laboratories that test medical marijuana Establish and maintain an electronic database State Board of Pharmacy Provide for: Licensure for retail dispensaries Registration of patients and their caregivers Houses the medical marijuana advisory committee Establish and maintain a toll-free telephone line Patient Registration Patient seeking to use, or caregiver seeking to assist a patient in use or administration of marijuana must apply Application submitted by certified physician treating the patient or the physician s delegate 6
Patient Registration Application must include: Statement from physician certifying the following: Bona fide physician-patient relationship Patient has been diagnosed with a qualifying medical condition Physician/delegate has requested report of patient information from the drug database Physician has informed patient: of risks and benefits that in his/her opinion benefits outweigh risks Patient Registration Application must include: When application on behalf of patient Name(s) of one or more caregivers who will assist the patient When application on behalf of caregiver Name of patient(s) the caregiver seeks to assist 7
Qualifying medical conditions AIDS Alzheimer s Amyotrophic lateral sclerosis Cancer Chronic traumatic encephalopathy Chrohn s disease Epilepsy or another seizure disorder Fibromyalgia Glaucoma Hepatitis C Inflammatory bowel disease Multiple sclerosis Pain that is either chronic and severe, or intractable Parkinson s disease Positive HIV status Post-traumatic stress disorder Sickle cell anemia Spinal cord disease or injury Tourette s syndrome Traumatic brain injury Ulcerative colitis Any other disease or condition added by the state medical board under RC 4731.302 Forms of Medical Marijuana Only the following forms may be dispensed: Oils Tinctures Plant material Edibles Patches Any other form approved by the state board of pharmacy under RC 3796.061 8
Methods of Medical Marijuana Use Smoking or combustion is prohibited Vaporization is permitted State board of pharmacy may approve additional methods of using medical marijuana Any form or method considered attractive to children is prohibited Medical Marijuana Federal law still prohibits sale, cultivation, processing or use of marijuana, for any purpose. Ohio Supreme Court: Lawyers only can advise clients as to legality of conduct either permitted under state law or prohibited under federal law. 9
Medical Marijuana: Employees State law provides that employers: Are not required to permit or accommodate Are permitted to terminate or discipline an employee or refuse to hire an applicant Are permitted to establish and enforce drug policies May obtain worker s compensation premium discounts for participation in the drug-free workplace program established by Ohio BWC Have just cause, to terminate an employee for unemployment compensation purposes Medical Marijuana: Employees State law provides that employees: are not entitled to receive workers compensation benefits if: the employee was under the influence of marijuana and marijuana use was the proximate cause. and applicants are not permitted to sue an employer for refusing to hire, terminating, disciplining, discriminating, retaliating, or otherwise taking an adverse employment action 10
Medical Marijuana: Employees BWC guidance OAC provides that BWC only covers drugs approved by the US Food and Drug Administration BWC-funded prescriptions must be dispensed by a registered pharmacist from an enrolled provider BWC only reimburses drugs on its pharmaceutical formulary, which is a complete list of medications approved for reimbursement by BWC Medical Marijuana: Employees Work with board counsel Employment practices Drug-related policies and procedures Review your policies Clear prohibition against drug use Disciplinary action for violations Keep an eye out for: More guidance from Ohio BWC Program administration rules 11
Medical Marijuana: Students Student and community use and possession on school property Remember, federal law has not changed! Review your Board policies Keep an eye out for program administration rules Questions? Megan E. Greulich Staff Attorney mgreulich@ohioschoolboards.org OSBA s Legal Hotline 855-OSBA-LAW 12