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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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