Girl should be allowed to take medical marijuana at school: suit

Judge Allows 11 Year-old Girl to Use Medical Marijuana at School

Since getting her state medical marijuana card the first week of December, Ashley has been wearing a patch on her foot and rubbing marijuana oil on her wrist.

The 11-year-old student is being treated for leukemia with chemotherapy. Her parents said she beat the leukemia, but some of Ashley's chemotherapy treatments eventually led to her having seizures that continue to this day.

Traditional medicines had limited success in helping Ashley with the seizures - she would suffer one to three seizures per day.

But she was forbidden from taking them at her school, in Chicago's Schaumburg district, because of a state law that forbids possession or use of weed on school property or buses.

The parents of an 11-year-old girl suffering from leukemia are suing a school district and the state of IL for not allowing their daughter to take medical marijuana at school.


"What we are all hoping is that this is merely a legislative oversight, perhaps at time the law was passed the legislature didn't contemplate young children in school may be prescribed and may need marijuana", said Steve Glink, the Surin family's attorney. "We have to fight for her right to go to school, her right to have medicine there, just like the next kid has insulin and an Epipen and Tylenol". An assistant attorney general told Blakey his office would allow the school to administer the drug until the office can figure out how to address the state law.

A federal judge heard from all parties Friday morning and approved a temporary agreement to allow Ashley to receive medical cannabis at her school.

"Our firm represents over a hundred school districts in IL and the ramifications of this today will be felt throughout the state", said Darcy Kriha, attorney for School District 54. They say it denies the right to due process and violates the Individuals with Disabilities Education Act and the Americans with Disabilities Act. The school says she can't bring her treatments to Hanover Highlands Elementary School, according to the suit filed Wednesday in Chicago federal court.

Now, the pre-teen can return to school after weeks away.

Lawyers for the school district and Attorney General's Office are expected to meet back in court next week to work on a longer-term approval plan for Ashley and the school.

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