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

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

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

The family said Ashley is now being prescribed medical marijuana.

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.

The girl, identified in the lawsuit as A.S., attends public school in Schaumburg, Ill. The Surin's say their now 11-year-old daughter Ashley was diagnosed with leukemia and started having seizures after treatments. Her parents spent several years using "traditional" medications to deal with her seizure disorder but nothing worked, according to a federal lawsuit. The patch, the lawsuit says, improved her health and eased some of the side effects.

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

"The parents have told me that the difference between their daughter (before using medical marijuana) and now is like night and day", family lawyer Steven Glink told USA Today. "Her ability, her behavior in general, her whole character, her wellness is completely different".

The state does have a medical marijuana law, but it bars cannabis on school property. Superintendent Andy DuRoss says the district will abide by the law.

"That's 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 like", said Maureen Surin.

"We can not legally grant the request", he told the newspaper.

The number of Americans who are in favor of legalizing marijuana continues to increase.

"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.

The family asked the school district to store the medical marijuana on school grounds at Hanover Highlands Elementary in case it was necessary during the school day.

School officials, the attorney filing the lawsuit and national marijuana activists and opponents interviewed for this story did not know of any previous similar court case, meaning this lawsuit could set legal precedent.

The Colorado rule-known as Jack's Law- gives the state's school districts authority to write policies for where on campus the treatments can take place and what forms of cannabis can be administered.