6th-Grader Can Use Medical Marijuana At School: Illinois AG

SCHAUMBURG, IL — An 11-year-old elementary school student will be able to take the medical marijuana prescribed to treat her seizures while she's on campus thanks to rulings Friday by a judge and the Illinois attorney general's office. The parents of the Hanover Highlands Elementary School sixth-grader had filed a lawsuit Wednesday against Community Consolidated School District 54 and the state, claiming an Illinois ban on the use of prescription pot on school grounds violated the girl's constitutional rights and adversely affected her health and classroom attendance.

During a hearing for the parents' federal lawsuit Friday, Judge John Robert Blakely agreed with the attorney general office's decision to allow the girl to wear a medical marijuana patch and use cannabis oil on school property and under district supervision, according to the Chicago Tribune. The decision also means Hanover Highland and District 54 employees will not face prosecution for helping the girl take the medication, which she uses to manage seizures caused by chemotherapy to treat her leukemia, the report added.

The decision by the attorney general's office is only a short-term solution, however, while lawyers for the state determine how handle the ban on medical marijuana in schools on a permanent basis, the report stated. The parties in the lawsuit will return to court Jan. 19.

RELATED: Girl Needs Medical Marijuana To Stop Seizures: Parents

Illinois is one of 29 states that allows medical marijuana for treating patients with qualifying conditions. But even patients legally using pot for medicinal purposes are unable to do so on school property. Before the ruling, Supt. Andy DuRoss told the Tribune the district would abide by whatever ruling the state and the courts handed down.

Jim and Maureen Surin — the parents who filed the lawsuit on behalf of their daughter, Ashley — told the Tribune after the hearing they were glad their child's education wouldn't be disrupted because she was unable to take medication that was having such a positive effect on her health.

In the lawsuit, the Surins argued that the state's medical marijuana school ban is unconstitutional because it eliminates due process. The restriction also violates federal guidelines under the Individuals With Disabilities Education Act and the Americans With Disabilities Act.

After the Surins filed their lawsuit, Steve Glink, the family's lawyer, explained to the Tribune how Ashley's medical marijuana treatment worked to manage her seizures:

• Pot patch: She wears a doctor-prescribed medical cannabis patch on her foot, and tiny amounts of THC — which is responsible for the drug's euphoric effect, as well as helping patients like Ashley control their seizures — are absorbed through the skin.
• Cannabis oil: The girl can take cannabis oil if the patch alone isn't enough to help manage her seizures. In this case, the small amounts of THC are delivered to her system by placing small drops of the oil on her tongue or wrists.

Because other traditional treatments for Ashley's health issues had proven ineffective, her doctor recommended medical marijuana. Glink told the Tribune earlier this week Ashley has had fewer seizures thanks to the patches and oil, which also have allowed her to use smaller amounts of other medication that can have more incapacitating side effects. The lawyer said Ashley would have trouble attending class if it weren't for the medical marijuana.

More via the Chicago Tribune

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