A federal judge says it's ok for an 11-year-old girl who suffered from leukemia to use medicinal marijuana at her suburban elementary school.
CHICAGO- Illinois on Friday said it won't get in the way of an 11-year-old girl whose parents want her to be allowed to use medical marijuana at school to regulate seizures, despite state laws that prohibit the use of prescription cannabis on public school grounds.
The suit claims that the state's ban on taking the drug at school is unconstitutional because it denies the right to due process and violates the Individuals With Disabilities Education Act and the Americans with Disabilities Act.
She'd gone through chemotherapy to treat her leukemia, and became epileptic as a result.
The family struggled, but finally found the right combination of diet and medicine to treat the seizures. In Colorado, where voters authorized medical marijuana in 2000, lawmakers let schools allow the drug for medical use, but no schools did so initially. For months previous year, Ashley had to use a wheelchair after hitting her head during a particularly bad seizure. "She can interact, and can go back to school and learn and not be in a cloud".
The family's lawyer has requested a preliminary order that would allow the girl to immediately go to school with the patch and let school officials administer cannabis oil drops.
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Superintendent Andy DuRoss said officials were working to accommodate the girl as best they could within the law - but added the school would comply with whatever the court ruled.
"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.
The state does have a medical marijuana law, but it bars cannabis on school property.
This is belived to be the first case of its kind and could set a precedent for schools across the nation.
According to the lawsuit, the patch has improved her health along with drops of cannabis oil applied to her tongue or wrists.
Now, the pre-teen can return to school after weeks away.