LANSING, Mich., Sept. 29, 2023 — While the State of Michigan has allowed access to medical marihuana for minors as registered pediatric patients since 2008, they cannot receive their state-approved medical marihuana products while at school or at school events. To address this, state Reps. Jimmie Wilson, Jr. (D-Ypsilanti) and Dylan Wegela (D-Garden City) announced the re-introduction of “Jayden’s Law,” House Bills 5063 and 5064. These bills will protect a student’s ability to access medical marihuana while on school campuses.
Currently, a child who is registered with the state as a pediatric medical marihuana patient must be checked out of school and moved 1,000 feet from the school by their parent or guardian before they can receive any state approved products containing THC (tetrahydrocannabinol) and/or CBD (cannabidiol). The student then must be taken back to school, signed back in and go back into class. This process not only leads to the delay of administering prescriptions, which comes with an unnecessary risk, but also causes students to miss classroom instruction time and extracurricular activities and feel stigma from their peers and faculty, and creates a burden on their parents/guardians.
To address this, Jayden’s Law would require a public or nonpublic school to adopt reasonable guidelines for administering medical marihuana, with the ability to designate specific staff for supervision. Jayden’s Law would also provide protections for the child/student, parents, legal guardians, teachers, nurses, bus drivers and any other person responsible for administering or supervising, which would extend to other school related activities.
Jayden’s Law, which only applies to non-smokable medical marihuana, requires that:
- A written treatment plan be provided by the parent/guardian as their caregiver.
- Students must be supervised by a designated staff member while receiving their prescription.
- And families must provide proof of students medical marihuana card each year.
Wilson first learned of this issue through the advocacy of pediatric patient Jayden Carter and his mother, Amie Carter.
“Jayden has experienced so much and learned that medical marihuana worked for him, but still struggled to receive it while attending school. He came to Lansing to ask us to fix it, so we are doing just that — for him and all of Michigan’s medical marihuana pediatric patients,” Wilson said.
“As a former classroom educator, I know first hand the negative impact that missed classroom instruction time can have on a student’s success,” Wegela said. “Jayden’s Law will allow students to access their approved medical marihuana products while helping them maintain classroom and extracurricular success, and allow students and their families to have the same dignity as everyone else.”
Jayden’s Law is modeled from “Ashley’s Law” in Illinois (HB 4870), which has allowed pediatric medical marihuana patients to receive their prescriptions on school grounds since 2018. This legislation was introduced in 2021 by former state Rep. Alex Garza.