Illinois AG says girl can use medical marijuana at school

Schoolgirl with cancer sues elementary school for banning her medical marijuana

The parents of a suburban Chicago elementary school student suffering from leukemia are suing a Schaumburg-based school district and the state of IL for her to have the right to take medical marijuana at school.

The state medical cannabis law prohibits possessing or using marijuana on school grounds or buses, though a school may not prohibit a student from using medical marijuana at home.

Friday marked a victory in a suburban couple's battle to allow their 11-year-old daughter to take medical marijuana at school.

The Illinois Attorney General agreed not to prosecute, and the school district said its goal was to have Surin back in the classroom with no legal consequences for staff who administer the medicine. The chemotherapy treatments led the girl to develop a seizure disorder and epilepsy. The girl, only identified in the lawsuit as "A.S.", is on a regimen of chemotherapy to treat her Leukemia. She can think more clearly, concentrate and speak longer sentences because she is taking the marijuana oil, her parents said.

The girl, referred to as A.S.in court documents, now wears a medical marijuana patch on her foot. The family argued in the lawsuit that the state's medical marijuana law as written denies the child due process and violates the federally mandated Individuals with Disabilities Education Act and the Americans with Disabilities Act. A recent prescription for medical marijuana is illegal in some places in IL, including her Schaumburg school. Cannabis oil drops help her get through the school day, according to the lawsuit obtained by USA Today. The attorney for Ashley's school district says this decision could help other students.

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

"Ashley can not wait to return to school", Glink told NPR.

Ashley has suffered from seizures for years. "Our firm represents over a hundred school districts in IL and the ramifications of this today will be felt throughout the state", said Darcy Kriha, attorney for School District 54.

Chicago Tribune's Steve Schmadeke contributed.

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