Judge Allows 11-Year-old Girl to Use Medical Marijuana at School

Cheryl Sanders
January 13, 2018

The commitment made to U.S. District Judge John Blakey came two days after the student's parents sued Schaumburg-based District 54 and the state for the girl's right to take medical marijuana at school.

IL passed a medical marijuana law in 2014, but the statute prohibits the consumption or possession of cannabis on public school property.

"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.


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

After Friday's hearing, the girl's parents said they were relieved and excited by the outcome. However, the agreement will allow her to return to school next Tuesday. 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. Sometimes she uses "cannabis oil drops" on her tongue or wrists.

The family asked the school district to store the medical marijuana on school grounds at Hanover Highlands Elementary in case it was necessary during the school day. "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.


Four years of traditional treatments and medicine failed to completely regulate her seizures and the side effects hampered her ability to learn, according to the lawsuit.

A federal judge heard from all parties Friday morning and approved a temporary agreement to allow Ashley to receive medical cannabis at her school.

State school officials made clear that possession or consumption of medical marijuana would violate IL law, DuRoss said.


Lawyers for the school district and Attorney General's Office are expected to meet back in court next week to work on a longer-term approval plan for Ashley and the school.

Other reports by iNewsToday

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