Time for Summer Camp: What to Consider if You or Your Child is a Medical Cannabis Patient

Think Like a Boy Scout: Be Prepared

You know that saying “hope for the best, and plan for the worst”? That is the mindful way to head into summer camp season when it comes to the use of medical cannabis. Like many other controversial issues coming into play, navigating the use of medical cannabis is still in its adolescent phase. Although many states that allow the use of medical cannabis permit even children to take legal advantage of its therapeutic benefits, federal regulations still prohibit all use. All of this confusion really makes it a challenge to send your child to camp, or if you yourself are contemplating working at a camp, if you are a medical cannabis patient.

Kids at Camp: A Summer Natural

Kids and summer camp seem as seamless as marshmallows and campfires except if you are a medical cannabis patient. One delightful brave exception is the case of Mercedes, an 11-year-old girl, who openly used cannabis as a treatment for her epilepsy at camp last summer. The camp itself was sponsored by the Epilepsy Foundation of Arizona. Once an epilepsy patient has found a regimen that controls their seizures, it is important to keep that program stable to prevent further seizures. In the case of epilepsy, many patients have found cannabis to be a remarkable intervention only after multiple trials of more traditional medications have failed. It would be unthinkable to ask a patient to stop any other successful anti-seizure medications just to attend a camp. Why would this be any different for cannabis? The American Camp Association did address the issue of medical cannabis and campers in their article dated October 2011, but much has changed since that time. Even with nearly double the number of states now legalizing medical cannabis since the writing of the ACA article, there still remain growing pains and murky legalities that make this anything but a textbook scenario.

Applicants Beware

Employees with disabilities have come to enjoy the protections brought about by various laws such as the Americans with Disabilities Act (ADA). A landmark case challenging this protection or accommodation for the patient using medical cannabis was in Oregon Steel. In this case, an employee who openly disclosed his use of medical cannabis was fired from his job after doing so. The Oregon Supreme Court actually overturned a lower court ruling to declare that such employees are not protected. The ruling stated that use of an illegal substance, such as medical cannabis, was not federally protected and therefore an employer had the right to fire an employee who was found to use such substances, either by disclosure or drug testing. This ruling has gone even further in other states where use of medical cannabis even away from the employer’s premises or “off the clock” is still not protected. Inconsistency of having state approval with a lack of corresponding federal approval of the medical use of cannabis leaves the medical cannabis patient vulnerable.

The American Camp Association website posts these tips for camp administrators when potentially dealing with an employee or participant that is a medical cannabis patient:

Top Tips for Camps

Medical Marijuana is considered a “Schedule I” controlled substance under federal law. As an employer, generally you can refuse to hire, terminate an employee, or refuse to allow a camper to attend who is currently using marijuana, whether for medical reasons or otherwise. (Read the full article addressing this issue.)
If you are inclined to accommodate the use of medical marijuana on or off your premises by one of your staff, consider the consequences. Even if you choose to allow such use, consider that there is a well-documented body of research identifying that use of marijuana impairs an individual’s ability to function — and that impairment would logically extend to many traditional camp activities (for example, driving vehicles or running a zip line or challenge course) and the supervision of co-workers and campers. (Read the full article addressing this issue.)
Confer with your legal counsel to understand your state’s medical marijuana laws, and state anti-discrimination, disability rights, or other laws, should you be confronted with prospective employees or campers — or existing employees — using or seeking to use medical marijuana.

Future Plans: Imagine a Camp that Embraces Cannabis

Imagine a futuristic “CannaCamp” where the use of cannabis was welcomed. Such a camp was nearly started in Colorado until a deal with the landowner fell through. A few things to consider are the inherent safety issues that accompany our idea of familiar camp activities – such as campfires, water play, and archery. For both the camper and camp employee, being able to make sound judgment with such activities could make a camp wary to allow a camper or employee to be altered in any way as a matter of liability.

For Now

From the federal perspective, the transport, use, or sale of illegal substances is prohibited. So, even if you have a medical recommendation in a state where the medical use of cannabis is allowed, your status as a camp participant or camp employee is not protected. Even the transportation of cannabis from one legal state to another could be problematic. Legalization of medical cannabis still presents confusion when it comes to state versus federal laws. The bottom line is that if you or your children either plan to be a camper, or apply for a job at a camp, be prepared to be asked to leave if you are a medical cannabis patient. Plan ahead and ask the camp how receptive they would be to having a medical cannabis patient on site. For a child anticipating a fun get away or an adult anticipating an income, knowing the risk of having that taken away perhaps even suddenly is better than having it happen unexpectedly. This article provides a brief, general introduction to the subject. If you have questions that aren’t answered here, set up a consultation with us, and we’ll address your specific situation, but be aware that this is not legal advice. For more specific information about you or your child’s unique situation, please contact a lawyer that is familiar with your state (or the state you intend to visit) medical marijuana laws, state anti-discrimination, disability rights, or other laws.