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Florida schools dazed and confused by state medical marijuana law

Most school districts in the Tampa Bay area have no policy specifically regarding medical marijuana.

ST. PETERSBURG, Fla. – With students headed back to school all over Florida, school security is just one of the issues administrators are having to grapple with. The issue of medicinal marijuana presents its own unique challenges for school districts, and the conflict between state and federal law isn’t doing them any favors.

“Federal law will trump state law every day of the week,” said Mitchell Teitelbaum, general counsel for the Manatee County School District, adding that the fact that public schools rely on federal funding further complicates things.

“We still have to follow federal law is a drug-free zone for our schools,” he added. “As the attorney for the school district, I would never want to give any legal opinion that would possibly jeopardize federal funding or put my district in harm’s way.”

Most school districts in the Tampa Bay area are taking the same approach. Representatives for Pinellas, Hillsborough, Hernando, Pasco, Polk and Sarasota county districts all say they have no policy specifically regarding medical marijuana.

“School districts throughout Florida are facing the same situation,” Polk County Public Schools Media Relations Coordinator Jason Geary said in an email. “Despite a recent change in state law providing for the medical use of marijuana, federal law makes possession and use of marijuana unlawful. The state and federal government have not provided further clarification on this and other issues related to medical marijuana. We will develop district policy as we receive guidance and clarification from state and federal legislatures and executive agencies.”

But that guidance just isn’t coming.

The Florida Department of Education also has no state-wide guidelines on medical marijuana for students and is encouraging districts to consult with their counsel on the matter.

And when districts choose to not adopt a policy because of the conflicting state and federal laws, that puts them in violation of Florida statutes that require every school district to write a policy on medical marijuana.

Meanwhile, a handful of school districts in the state including those in St. Lucie, Martin, Lee, Indian River, Collier and Brevard counties are defying state law with policies that ban student use of medical marijuana.

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