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80 Ohio St. L.J. 309 (2019)
ABCs and CBD: Why Children with Treatment-Resistant Conditions Should be Able to Take Physician-Recommended Medical Marijuana at School

handle is hein.journals/ohslj80 and id is 321 raw text is: 




ABCs and CBD: Why Children with Treatment-
   Resistant Conditions Should Be Able to Take
 Physician-Recommended Medical Marijuana at
                             School

                       KATHERINE BERGER*

   At the end of 2018, thirty-three states and the District of Columbia,
   Puerto Rico, and Guam had implemented comprehensive public
   medical marjuana programs. Along with adults, these programs
   provide access to children with qualifying illnesses to certain forms of
   the drug. But, due in part to fear of prosecution by the federal
   government, which still considers mariuana to be an illegal substance,
   most school districts do not allow the drug on school property. This
   forces some students to choose between missing school to take a
   medication they are legally allowed to take at home-jeopardizing their
   education--or forgoing a dose until the eight-hour school day is over-
   jeopardizing their health.

   Many have written about children and medical marjuana, but most
   have focused on child custody issues when a parent uses the drug. Few
   have explored the hardships faced by children who rely on daily doses
   of physician-recommended medical marijuana. This Note identifies
   these problems and argues that lawmakers should close this regulatory
   gap by developing laws or guidance to insulate schools from harsh
   consequences and ensure students are not prevented from receiving the
   valuable education to which they are entitled. Anecdotal and empirical
   evidence is increasingly supportive of the benefits of medical marjuana
   use by some children. This Note contends that a coordinated effort by
   many actors, including all branches of federal, state, and local
   governments as well as school districts, is necessary to ensure that these
   benefits are truly attained.

                        TABLE OF CONTENTS

1.   INTRODUCTION   ............................................................................ 310
II.  M ARIJUANA  AS M EDICINE ........................................................... 315
     A. Mariuana's Chemical Makeup ............................................ 315
     B. Evidentiary Support of Marijuana's Positive Medicinal
         P rop erties .............................................................................. 3 17
         1. Empirical Studies ............................................................ 317
         2. Anecdotal Evidence ......................................................... 319
III. FEDERAL AND STATE MEDICAL MARIJUANA ACTIVITY ............... 322
     A . Federal Prohibition .............................................................. 322

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