Judge rules suburban 5th grader can use medical marijuana at school


Ashley received treatments and a "substantial" amount of traditional medications to treat her seizures, but they were not successful, and the child's treating physicians have certified her as being qualified to receive medical marijuana to treat her epilepsy, the suit stated.

Illinois' medical cannabis law prohibits possessing or using marijuana on school grounds or buses. The lawsuit argues that the policy violates the Individuals with Disabilities Education Act and the Americans with Disabilities Act, according to the lawsuit filed in federal court on Wednesday.

Meantime, the family says it's time for the legislature to update and revise the medical marijuana law.

Medical marijuana helps an 11-year-old girl deal with seizures.


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. Her parents say there were side-effects to the chemotherapy and other medical treatments that brought on seizures. The Surin's said Ashley has improved dramatically since she has been getting the medical marijuana treatments.

A federal judge heard from all parties Friday morning and approved a temporary agreement to allow Ashley to receive medical cannabis at her school. Superintendent Andy DuRoss says School District 54 will abide by the law.

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

"The parents have told me that the difference between their daughter (before using medical marijuana) and now is like night and day", the family's attorney Steven Glink told USA TODAY.

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

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.

Officials of nursing organizations generally did not want nurses to administer the drug at schools, as they do with other medications, because they were anxious about the federal law prohibiting marijuana possession, said the sponsor of the law, Colorado state Rep. Jonathan Springer, a Democrat.

Jack died in 2016 at the age of 15 after he helped usher in the change in his state's medical cannabis rules.

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