HOUSE BILL 156
56th legislature - STATE OF NEW MEXICO - first session, 2023
Andrea Reeb and William "Bill" R. Rehm
RELATING TO HEALTH; ENACTING THE CANNABIS SCHOOL USE PREVENTION RESOURCE ACT; REQUIRING THE DEPARTMENT OF HEALTH TO DEVELOP, MAINTAIN AND OVERSEE A CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM; ALLOWING THE DEPARTMENT OF HEALTH TO PROMULGATE RULES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "Cannabis School Use Prevention Resource Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Cannabis School Use Prevention Resource Act:
A. "cannabis" means all parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin;
B. "cannabis product" means a product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients;
C. "department" means the department of health;
D. "school" means a public school or a charter school;
E. "school personnel" means a person employed by a public school and includes administrators, teachers, teaching aides, coaches and bus drivers; and
F. "unauthorized use of cannabis" means use of cannabis by a minor that is:
(1) inconsistent with Section 22-33-5 NMSA 1978; or
(2) illegal pursuant to state and federal law.
SECTION 3. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--DEPARTMENT DUTIES--SCHOOL BOARD AND GOVERNING BODY OF CHARTER SCHOOL ACCESS--REPORTING.--
A. By July 1, 2023, the department shall develop, maintain and oversee a cannabis school use prevention resource program for school personnel, including:
(1) evidence- and research-based educational materials pursuant to Section 4 of the Cannabis School Use Prevention Resource Act; and
(2) a school juvenile use targeted advertising campaign pursuant to Section 7 of the Cannabis School Use Prevention Resource Act.
B. The department shall ensure that each school board and governing body of a charter school has access to the cannabis school use prevention resource program by July 1, 2023. A school and the employees of the school may use the material provided by the department pursuant to this section.
C. From 2023 through 2028, the department shall present a report to the legislative education study committee and the legislative health and human services committee before December 31 of each year.
SECTION 4. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--EDUCATIONAL MATERIALS--DEVELOPMENT--ACCESSIBILITY.--
A. The department shall develop evidence- and research-based educational materials for school personnel in the course of:
(b) cannabis products, including food products, based on packaging of the food product and other ascertainable features of a food item containing cannabis and cannabis-containing food products that appear to replicate existing non-cannabis-containing food products; and
(c) student impairment caused by unauthorized use of cannabis; and
(2) reporting incidents of student impairment.
B. The department shall maintain and operate a web page that:
(1) is free for school personnel to access; and
(2) provides a downloadable format of educational materials pursuant to Subsection A of this section.
C. Pursuant to Subsection B of this section, the department shall:
(1) provide a link to the web page on the department's website; and
(2) ensure that each school board and governing body of a charter school receives a link to the web page.
SECTION 5. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--NEW MEXICO POISON AND DRUG INFORMATION CENTER TO PROVIDE MATERIALS.--
A. Prior to the 2023-2024 school year, the New Mexico poison and drug information center shall provide materials to school personnel on how to:
(1) identify cannabis-containing items;
(2) recognize student impairment caused by unauthorized use of cannabis; and
(3) refer impaired students for medical evaluation and treatment.
B. The department shall collaborate with school boards, governing bodies of charter schools and the New Mexico poison and drug information center to ensure that school personnel have access to materials pursuant to this section.
SECTION 6. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--OVERSIGHT.--
A. The department shall ascertain information that is needed by the department and the New Mexico poison and drug information center when receiving a report of an incident of impairment; provided that the information reported is in compliance with the federal Family Educational Rights and Privacy Act of 1974 and other state and federal law.
B. If impairment results from willful or wanton misconduct or disregard of a qualified student's treatment plan pursuant to Section 22-33-5 NMSA 1978, a school personnel member with access to that student's personally identifiable health information shall omit the qualified student's personally identifiable health information, pursuant to state and federal law.
SECTION 7. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--JUVENILE USE ADVERTISING CAMPAIGN.--The department shall develop and publish advertisements:
A. with the target demographic of school personnel, juveniles and parents and guardians; and
B. that contain:
(1) the web page link provided pursuant to Section 4 of the Cannabis School Use Prevention Resource Act; and
(2) information relevant to:
(a) the prevention of cannabis use by students; and
(b) the identification of cannabis and cannabis products.
SECTION 8. [NEW MATERIAL] CANNABIS SCHOOL USE PREVENTION RESOURCE PROGRAM--RULE PROMULGATION.--The department may promulgate rules to implement the requirements of the Cannabis School Use Prevention Resource Act.
SECTION 9. Section 22-33-5 NMSA 1978 (being Laws 2019, Chapter 247, Section 1 and Laws 2019, Chapter 261, Section 1) is amended to read:
"22-33-5. MEDICAL CANNABIS--POSSESSION--STORAGE-- ADMINISTRATION--RESTRICTION--EXEMPTIONS.--
A. Except as provided pursuant to Subsection [C] D of this section, local school boards and the governing bodies of charter schools shall adopt policies and procedures to authorize the possession, storage and administration of medical cannabis by parents and legal guardians, or by designated school personnel, to qualified students for use in school settings; provided that:
(1) a student shall not possess, store or self-administer medical cannabis in a school setting;
(2) a parent, legal guardian or designated school personnel shall not administer medical cannabis in a manner that creates disruption to the educational environment or causes other students to be exposed to medical cannabis;
(3) a written treatment plan for the administration of the medical cannabis is agreed to and signed by the principal or the principal's designee of the qualified student's school and the qualified student's parent or legal guardian; and
(4) before the first administration of medical cannabis in a school setting, the qualified student's parent or legal guardian completes and submits documentation as required by local school board or charter school rules that includes a:
(a) copy of the qualified student's written certification for use of medical cannabis pursuant to the Lynn and Erin Compassionate Use Act; and
(b) written statement from the qualified student's parent or legal guardian releasing the school and school personnel from liability, except in cases of willful or wanton misconduct or disregard of the qualified student's treatment plan.
B. In cases of willful or wanton misconduct or disregard of a qualified student's treatment plan that results in the unauthorized use of cannabis or impairment of a student, the local school board or governing body of a charter school shall report the incident pursuant to the requirements of the Cannabis School Use Prevention Resource Act for confidential disclosure.
[B.] C. A local school board or the governing body of a charter school may adopt policies that:
(1) restrict the types of designated school personnel who may administer medical cannabis to qualified students;
(2) establish reasonable parameters regarding the administration and use of medical cannabis and the school settings in which administration and use are authorized; and
(3) ban student possession, use, distribution, sale or being under the influence of a cannabis product in a manner that is inconsistent with the provisions of this subsection.
[C.] D. The provisions of Subsection A of this section shall not apply to a charter school or school district if:
(1) the charter school or school district reasonably determines that it would lose, or has lost, federal funding as a result of implementing the provisions of Subsection A of this section; and
(2) the determination is appealable by any parent to the secretary, based on rules established by the department.
[D.] E. A public school, charter school or school district shall not:
(1) discipline a student who is a qualified student on the basis that the student requires medical cannabis as a reasonable accommodation necessary for the student to attend school;
(2) deny eligibility to attend school to a qualified student on the basis that the qualified student requires medical cannabis as a reasonable accommodation necessary for the student to attend school or a school-sponsored activity; or
(3) discipline a school employee who refuses to administer medical cannabis.
[E.] F. As used in this section:
(1) "certifying practitioner" means a health care practitioner who issues a written certification to a qualified student;
(2) "designated school personnel" means a school employee whom a public school, charter school or school district authorizes to possess, store and administer medical cannabis to a qualified student in accordance with the provisions of this section;
(3) "medical cannabis" means cannabis that is:
(a) authorized for use by qualified patients in accordance with the provisions of the Lynn and Erin Compassionate Use Act; and
(b) in a form that is not an aerosol and cannot be smoked or inhaled in particulate form as a vapor or by burning;
(4) "qualified student" means a student who demonstrates evidence to the school district that the student is authorized as a qualified patient pursuant to the Lynn and Erin Compassionate Use Act to carry and use medical cannabis in accordance with the provisions of that act;
(5) "school" means a public school or a charter school;
(6) "school setting" means any of the following locations during a school day:
(a) a school building;
(b) a school bus used within the state during, in transit to or in transit from a school-sponsored activity;
(c) a public vehicle used within the state during, in transit to or in transit from a school-sponsored activity in the state; or
(d) a public site in the state where a school-sponsored activity takes place; and
(7) "written certification" means a statement in a qualified student's medical records or a statement signed by a qualified student's certifying practitioner that, in the certifying practitioner's professional opinion, the qualified student has a debilitating medical condition and the certifying practitioner believes that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the qualified student. A written certification is not valid for more than one year from the date of issuance."
SECTION 10. Section 23-10-3 NMSA 1978 (being Laws 2013, Chapter 56, Section 3) is amended to read:
"23-10-3. DUTIES.--The New Mexico poison and drug information center shall:
A. provide expert, twenty-four-hour, seven-day-a-week assistance to the residents of New Mexico during possible poisoning emergencies;
B. provide expert, twenty-four-hour, seven-day-a-week emergency management and treatment referral of victims of poisoning to determine whether treatment can be accomplished at the scene of the incident or if transport to an emergency treatment or other facility is required;
C. provide expert, twenty-four-hour, seven-day-a-week treatment recommendations for all types of poisonings, chemical exposures, drug overdoses and exposure to chemical weapons of mass destruction. This information shall be provided to medical and nonmedical providers;
D. carry out follow-up for hospitalized and non- hospitalized poison patients to assess progress and recommend additional treatment as necessary;
E. carry out follow-up to families and other individuals, where practicable, to ensure that adequate care is provided;
F. work to improve the health of the residents of New Mexico by reducing illness and death associated with poisoning and by encouraging proper use of medications;
G. identify and address problems associated with poisoning and medication-related illness through education and public service;
H. work to reduce the costs associated with poisoning by treating people with less severe exposures at their homes with the center's guidance;
I. train health care professionals in the field of clinical toxicology;
J. expand knowledge in the field of clinical toxicology through an active research program;
K. prevent poisonings through surveillance of toxic events, education, regulation and collaboration with local, state and federal agencies;
L. offer drug information services that provide individualized, accurate, relevant and unbiased information to consumers and health care professionals regarding medication-related inquiries;
M. help train pharmacists to become drug information providers;
N. seek to effectively use the center's resources; [and]
O. work to advance the center's institutional mission while supporting professional and personal growth; and
P. provide materials to school personnel pursuant to the Cannabis School Use Prevention Resource Act."
SECTION 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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