Medical Marijuana Use: Considerations for a Free Appropriate Public Education

In special education, medication often plays a critical role in meeting the needs of students with disabilities. The use of medications in schools, however, can be a problem when state laws and federal law conflict regarding the use of a medication, in this situation medical marijuana. This column reports on a ruling in the U.S. District Court in New Mexico involving medical marijuana, in which state law in New Mexico and federal law conflicted. A short-term solution may be for school districts to consider home instruction as a means to ensure a free appropriate public education (FAPE) for qualified students with disabilities who need medical marijuana. A long-term solution may be to amend state laws and the federal law (i.e., the Controlled Substances Act of 1970) that prohibits marijuana use, to allow the use and administration of medical marijuana in schools.