AG: Girl can use medical marijuana at school

AG: Girl can use medical marijuana at school

AG: Girl can use medical marijuana at school

"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. They say it denies the right to due process and violates the Individuals With Disabilities Education Act and the Americans with Disabilities Act.

A lawyer for the school district said Schaumburg District #54 owes a debt of gratitude to Ashley's family for bringing the issue to light.

A suburban sixth grader will be allowed to take her medically-prescribed marijuana in school without fear of getting herself or the school employees in trouble with the law.

DuRoss noted that the district nurses and teachers work with many students who have special medical needs that require administering drugs.

The family wants a preliminary order that would allow her to wear the patch and get the cannabis oil drops, USA Today reported.

According to the lawsuit, the patch has improved her health along with drops of cannabis oil applied to her tongue or wrists. However, the state law prohibits use at schools and dictates that school personnel are not required to be caregivers to administer cannabis, and are not immune from prosecution for possession or distribution of the drug.

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. However, the agreement will allow her to return to school next Tuesday.

In 2016, in a bipartisan vote, lawmakers mandated that schools allow parents or caregivers to give qualified students medical marijuana.

Her parents had tried everything to help their 11-year-old daughter.

"This (will) not just help her, I hope but it's going to help other kids down the road who need to take cannabis at school for another disease that they need to reverse or treat".

"We fundamentally believe your right to medication should never have to conflict with your right to an education", Springer said.

IL passed a medical marijuana law in 2014, but the statute prohibits the consumption or possession of cannabis on public school property. The child suffers from seizures following a battle with leukemia.

Chicago Tribune's Steve Schmadeke contributed.

Related news