Lawsuit filed to allow medical marijuana use in school

Elias Hubbard
January 13, 2018

She was diagnosed with leukemia when she was 2, and subsequent chemotherapy triggered debilitating seizures and brain trauma that she continues to experience as an adolescent, said her father Jim Surin.

Ashley has suffered from seizures for years.

An 11 year-old girl with leukemia sued her elementary school after they banned her from taking medical marijuana that she was prescribed. Since getting her state medical marijuana card the first week of December, Ashley has been wearing a patch on her foot and rubbing marijuana oil on her wrist. It was a long way to go to get their daughter medical treatment. "My daughter has the same rights", said Maureen Surin, the girl's mother.

She'd gone through chemotherapy to treat her leukemia, and became epileptic as a result.

Andy DuRoss, Superintendent of Schaumburg School District 54 said that though officials are concerned for the student's health, they can not legally allow the girl to use medical marijuana on school grounds due to the Illinois Medical Cannabis Act.

The lawsuit is asking for a preliminary injunction to allow the girl to access and consume medical marijuana at school, a school-related event or on a school bus, as long as it complys with the doctor's orders.

"We do also share the same concerns and care about (A.S.) and her family in this situation", he said.

Darcy Kriha, the attorney for School District 54, says that satisfies the district.

A lawyer for the school district said Schaumburg District #54 owes a debt of gratitude to Ashley's family for bringing the issue to light. "There's no logic", said Maureen Surin.

Chicago Tribune's Steve Schmadeke contributed.

"I hope it's going to help other kids down the road that need to take cannabis in school for another disease that they need to reverse or treat", Surin said.

An assistant attorney general told the court that his office would allow the school to administer the drug for the next week without fear of prosecution and until his office can figure out how to address the state law that prohibits possession or use of marijuana at school.

Other reports by Click Lancashire

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