CHICAGO-The parents of an 11-year girl with leukemia have sued the state of IL and a suburban Chicago school district over a state law that prohibits her from using medical marijuana at school.
Friday marked a victory in a suburban couple's battle to allow their 11-year-old daughter to take medical marijuana at school. The parents are now suing the school district and the state, saying those laws are unconstitutional and violate the Individuals With Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). Today a judge agreed. The lawsuit says that as a result, the girl suffers seizure disorders and epilepsy.
The family struggled, but finally found the right combination of diet and medicine to treat the seizures. A recent prescription for medical marijuana is illegal in some places in IL, including her Schaumburg school. "My daughter has the same rights", said Maureen Surin, the girl's mother. She can think more clearly, concentrate and speak longer sentences because she is taking the marijuana oil, her parents said. "She can viably attend school".
Glink said that the IL case is somewhat analogous to a situation in Colorado, where a public school student successfully lobbied the state legislature to amend Colorado's medical marijuana law to permit its use in states school.
School district officials said they will administer cannabis to the student until they get further clarification from the attorney general.
"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.
But her parents say School District 54, located in the Chicago suburb of Schaumburg, Illinois, is denying the girl the opportunity "to enjoy the full benefits" of her education, the Chicago Sun-Times reported.
While medical marijuana is legal in IL, it is against the law for students to use it in school or have school nurses administer it.
This is belived to be the first case of its kind and could set a precedent for schools across the nation. They hope she continues to improve as she is weaned off the other medications and as she gets back to school. It's not a drug. "There's no logic", said Maureen Surin. Friday a federal judge ordered Ashley should be allowed to have the medical marijuana as prescribed at school for the seizures. The family said Ashley is now being prescribed medical marijuana.