In the United States, teachers working in a public school are not allowed to use cannabis, even with a medical marijuana card. Since the federal government has listed marijuana as an illegal controlled substance, many school districts fear losing crucial federal funding. Get to know more about the idea of being a teacher, the use of medical marijuana, the possibility of some disciplinary measures, and the potential of the usage of CBD by teachers. It should be noted that the content of this article is not legal advice, and you should seek the services of a lawyer in case you have any doubts about the use of marijuana as a teacher.
Medical Card Rules for Teachers & Education Professionals: What You Need To Know
The rules around medical cards differ among states and can be different between private and public schools. In any case, the mere possession or use of marijuana may be sufficient to impose disciplinary measures in any of the 50 states that have accepted MMJ cards. Actually, you may lose your job because you are a teacher who uses medical marijuana.
In 2021, the Brevard County Schools in Florida came under fire after they fired Allison Enright, who used medical marijuana to manage a painful medical condition. Enright said she was shocked, since Florida is a state where medical marijuana is legal. However, no protections are provided to individuals who use the plant as a form of medicine because of its taboo status on the federal level.
Not all states are as strict as Florida regarding the use of medical marijuana in the classroom. An example of such state judicial rulings is in New Jersey, where the state Supreme Court in 2020 decided that medical marijuana use cannot be the basis to fire an employee. The New Jersey Law against Discrimination offers protection to employees. Teachers must, however, still follow the rules of their school district, which typically stipulate that they cannot own marijuana on school grounds or at any school-related event.
The penalties imposed on school bus drivers who use medical marijuana are even worse. By being found guilty of a DUI whilst driving a motor vehicle with minors in the vehicle, the bus driver would not only be facing job loss, but also criminal consequences.
Alternatively, students can be allowed to take medical marijuana, provided it is not on the school premises, and provided that the program on medical marijuana in the state supports the certification of teens. A parent or legal guardian may provide medical cannabis to his or her children who have a qualifying condition and who have been certified in their respective states to possess a medical marijuana card.
To summarize, like most cannabis issues, there is no clear answer or rule.
Does the Type of Teacher You Are Affect Medical Card Rules? Here’s the Truth
Teachers in private schools might have varying rules and policies about medical marijuana. Medical marijuana use may be allowed as long as a school is not dependent on federal funds. Naturally, state laws are also on the agenda; thus, there is a low possibility that a private school in a state where a medical marijuana program does not exist would permit teachers to use the plan.
Moreover, faculty at privately controlled colleges and universities might be permitted to use medical marijuana. The same institutions may also ban recreational marijuana, yet accommodate reasonable people with some health conditions. Nonetheless, medical use of cannabis can be restricted to the home of an employee and prohibited on the school premises.
Before using medical marijuana, consult your learning institution, whether you are a teacher or a school official. Policies on drug-free workplace are varied in the private schools; some of them might even demand their educators to undergo random drug tests. Positive drug tests can lead to employment termination or other punishment.
Using CBD as a Teacher: What You Really Need To Know
Cannabidiol (CBD) is not an illegal drug at the federal level. As such, you can potentially incorporate CBD into your wellness routine as a teacher. However, you should confirm with your employer before doing so to be assured that you are not breaching any policies.
The Wrap-Up
Since most public school teachers are under the jurisdiction of state law, and medical marijuana products are considered illegal drugs under federal law, most schools do not allow their use by medical personnel. Some schools are zero-tolerance when it comes to drugs and won’t allow cannabis use by teachers.
Some teachers need reasonable accommodations due to health conditions. Other schools and states have more permissive drug policies and may allow such requests. Talk with your school district and an attorney if you have questions about obtaining a medical marijuana card or using cannabis products as a teacher.
FAQ
1. Are public school teachers using medical marijuana legally in the U.S.?
No. Public school teachers don’t usually have the right to use medical marijuana because it is illegal at the federal level. Many school districts are scared of losing federal money if their teachers use cannabis.
2. Are private school teachers more forgiving of medical marijuana?
Yes. However, the rules are different depending on whether the private schools receive federal funding or if the state’s medical marijuana laws are followed. Some private schools allow the use of it medically in the home, but not on campus.
3. Can any Teachers be fired for Marijuana Use?
Yes. Even in states where marijuana is legal for medical purposes, teachers can be punished or fired if they use it, especially at public schools. However, states like New Jersey have safeguards under anti-discrimination laws.
4. Do school bus drivers have stricter rules around medical marijuana?
Yes. School bus drivers have higher regulations in place since driving with children means being sober while driving. As a result of using medical marijuana, you can lose your job, and you may face criminal charges for being impaired.
5. Do teachers have to contact their school if they have a medical condition for which they need to take cannabis?
Yes. If a teacher has a qualifying disability, he or she should notify school administration and request reasonable accommodations. Policies differ from school to school, and letting the administration know prevents possible disciplinary actions.
