Parents sue for girl, 11, to use medical marijuana at school

Schoolgirl with cancer sues elementary school for banning her medical marijuana

Her parents say there were side-effects to the chemotherapy and other medical treatments that brought on seizures. Cannabis oil drops help her get through the school day, according to the lawsuit obtained by USA Today.

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.

The Chicago Tribune reports that the plaintiffs of the federal lawsuit, who are identified by initials, contend the state's ban on taking the drug at school is unconstitutional.

School district officials said they will administer cannabis to the student until they get further clarification from the attorney general.

Although she is now leukemia-free, the medicinal marijuana is meant to treat her seizures. Her parents say she can't go to the school without it.

The state does have a medical marijuana law, but it bars cannabis on school property.

"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.

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

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.

But her parents say School District 54, located in the Chicago suburb of Schaumburg, Illinois, is denying the girl the opportunity "to enjoy the full benefits" of her education, the Chicago Sun-Times reported.

At least one other state has addressed the issue legislatively.

In 2016, in a bipartisan vote, lawmakers mandated that schools allow parents or caregivers to give qualified students medical marijuana. The law prohibits smoking the drug in school, but allows patches or tinctures, as long as it's not disruptive to classrooms. Seizures and traditional medications can be so debilitating to children that marijuana's side effects are far less unsafe, he said.

Chicago Tribune's Steve Schmadeke contributed.

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