Girl Needs Medical Marijuana In School To Stop Seizures: Parents

SCHAUMBURG, IL — A lawsuit involving a Community Consolidated School District 54 elementary student suffering from leukemia and seizures could be a legal traiblazer by untangling a complicated and sticky web of issues involving state drug laws, the limits of doctor-ordered medical treatment and the societal mores surrounding marijuana in a "just say no" nation. Parents of an 11-year-old student — identified only as "A.S." in the federal complaint filed Wednesday in Chicago — are suing the school district and the State of Illinois to allow their daughter to take her medical marijuana while she's at school, the Chicago Tribune reports.

According to the lawsuit, a state law prohibiting the use of prescribed pot on school grounds violates the girl's constitutional rights and adversely affects her health and classroom attendance, the report stated. The parents — who are identified as "J.S. and M.S." — are asking for a preliminary injuction to lift the ban, and a hearing on the case is set for Friday.

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 can't do so on school property.

In the lawsuit, the parents argue that the state's school restriction is unconstitutional because it eliminates due process, the report stated. It also violates federal guidelines under the Individuals With Disabilities Education Act and the Americans With Disabilities Act, the report added.

According to the complaint, the girl received chemotherapy for her leukemia, and that resulted in seizure disorders and epilepsy, the report stated. Other treatments for her new health issues have proven ineffective, and her doctor recommended medical marijuana, the report added.

Steve Glink, the family's lawyer, told the Tribune that the girl's medical marijuana treatment works like this:

• 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 "A.S." 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.

Glink, who was unaware of any precedent for a case like this, told the Tribune that the patches and oil have had a positive effect on the girl's health since she has started using them. He said she has had fewer seizures with the medical marijuana, and the treatment has curtailed her use of her other, more traditional medication, which can have incapacitating side effects.

Without the medicinal pot to manage her condition, however, Glink says the girl would struggle going to class and be unable to attend school, the Tribune reports. The lawsuit also states that the girl participates in the school's education program for students with intellectual impairments and has a teacher's aide for "mainstream" classes, the report added.

Based in Schaumburg, District 54 also serves parts of Elk Grove Village, Hoffman Estates, Hanover Park and Roselle. Some of the elementary schools in the system include Stevenson, Fairview and Lakeview.

YOUR TURN: Should the 11-year-old elementary school student in Community Consolidated School District 54 be allowed to take her doctor-prescribed medical marijuana on school grounds? Share your thoughts and opinions in the comments section.

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