Judge Allows 6th Grader's Medical Marijuana Treatment At School

Judge Allows 6th Grader's Medical Marijuana Treatment At School

The student identified in court papers only as A.S., suffers from epilepsy and seizures as a result of chemotherapy, and was given marijuana patches and drops to help relieve her symptoms.

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 girl, referred to as A.S.in court documents, now wears a medical marijuana patch on her foot. It was a long way to go to get their daughter medical treatment.

Ashley has been attending school off and on depending on her condition but likely won't be able to continue without her medication, which would be in conflict with a state law requiring children to go to school, said her attorney, Steve Glink. The Surin's say their now 11-year-old daughter Ashley was diagnosed with leukemia and started having seizures after treatments. Illinois' medical cannabis law prohibits possessing or using marijuana on school grounds or buses.

The lawsuit, filed Wednesday against School District 54 and the state of IL, could have far-reaching implications. "There's no logic", said Maureen Surin.

"The school would like to see a legislative change so that not just Ashley could benefit from this today, but other students can", said school district attorney Darcy Kriha. For months previous year, Ashley had to use a wheelchair after hitting her head during a particularly bad seizure.

According to the Chicago Tribune, this could be a first-of-its-kind case where a child sues the state government claiming their marijuana restrictions are actually violating federal law.

The Illinois Attorney General agreed not to prosecute and the school district said its goal was to have Ashley back in the classroom with no legal consequences for staff who administer the medicine. 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.

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