Exemption granted for girl, 11, to use medical marijuana at Schaumburg school

Exemption granted for girl, 11, to use medical marijuana at Schaumburg school

Since getting her state medical marijuana card the first week of December, Ashley Surin has been wearing a patch on her foot and rubbing marijuana oil on her wrist.

"Both state and Federal law prohibit the possession or use of cannabis in any form on school grounds or on school busses - and it's not reasonable to think - with the advances in medication that we can't serve children with medications as they develop over time", said Darcy Kriha, an attorney for the school district. The family argues in the lawsuit filed Wednesday in federal court that the state's medical marijuana law denies the child due process and violates the federally-mandated Individuals with Disabilities Education Act and the Americans with Disabilities Act. The family said Ashley is now being prescribed medical marijuana. The girl, only identified in the lawsuit as "A.S.", is on a regimen of chemotherapy to treat her Leukemia.

A suburban elementary school student will now be allowed to receive medical marijuana treatment at school. Her parents say there were side-effects to the chemotherapy and other medical treatments that brought on seizures.

The lawsuit points out the patch is occasionally ineffective in controlling her seizures. Since taking medical marijuana, Ashley is calmer and more alert and better able to focus and learn, has fewer seizures and can take less of her traditional, debilitating medicine, a "night and day" difference from before, Glink said.

Ashley has missed several weeks of school, according to her parents.

"All we wanted was for her to be back in school with her friends on her diet, on her medicine and just go on with her 11-year-old life, and that's why we're here", Surin says. "She can viably attend school".

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

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.

School district officials said they will administer cannabis to the student until they get further clarification from the attorney general. Therefore, this case could set major precedent for other medical marijuana patients who are being denied their rights around the country.

Jack died in 2016 at the age of 15 after he helped usher in the change in his state's medical cannabis rules.

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