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

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

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.

When it comes to medical marijuana and children, things can get a little legally murky.

Her parents, Jim and Maureen Surin, filed a lawsuit in federal court against Schaumburg School District 54 and the State of IL to allow Ashley to use cannabis in school to treat her seizures.

Tom Iopollo, an assistant attorney general for the state, assured attorneys for the suburban Chicago school district and the parents of Ashley Surin that IL would not prosecute the child or any school officials who may administer medical cannabis products to Ashley.

There is a compromise, for now, in an 11-year-old's battle to take marijuana products to her school. For months past year, Ashley had to use a wheelchair after hitting her head during a particularly bad seizure.

"The law hasn't caught up with the medicine", Ashley's mother says. 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.

"All we wanted was for her to be back in school with her friends on her diet, on her medicine and just go on with her 11-year-old life, and that's why we're here", Surin says. "It's not a drug". "It hasn't caught up with reality". A recent prescription for medical marijuana is illegal in some places in IL, including her Schaumburg school.

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The family claims that banning their daughter from using medical marijuana at school is unconstitutional and violates the Individuals with Disabilities Education Act and the Americans with Disabilities Act.

In the month since she began using a cannabis patch, she has only suffered one major seizure, he father said. "And now she can think clearer and she's more alert".

But the district denied the fifth grader's request because state law prohibits even medical marijuana on school grounds or school busses.

School officials say they can't do much right now.

Kriha credited Ashley's family for pressing her case and the state's attorney general's office for showing flexibility.

"The attorney general's office said, effectively, they are not going to enforce the ordinance", family attorney Steve Glink said. "The school would like to see legislative change so just not Ashley can benefit, but other students can as well". School District 54 will, for the next week, allow Ashley to have and use the cannabis treatment on school grounds.

Colorado amended its law in 2015.

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