AG: Girl can use medical marijuana at school


"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.

But the district denied the fifth grader's request because state law prohibits even medical marijuana on school grounds or school busses. The court case was continued until next Friday. Her parents say she can't go to the school without it.

School officials say they can't do much right now. The parents are now suing the school district and the state, saying those laws are unconstitutional and violate the Individuals With Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). In federal court Friday, the Illinois Attorney General's office assured lawyers for Schaumburg School District 54 that school employees would not be prosecuted for administering the drug.

The Illinois attorney general's office has told a federal court it will allow a suburban Chicago school district to administer medical marijuana to an 11-year-old leukemia patient to treat her for seizure disorders.

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"This (will) not just help her, I hope but it's going to help other kids down the road who need to take cannabis at school for another disease that they need to reverse or treat".

The family wants a preliminary order that would allow her to wear the patch and get the cannabis oil drops, USA Today reported. Cannabis oil drops help her get through the school day, according to the lawsuit obtained by USA Today.

State school officials made clear that possession or consumption of medical marijuana would violate IL law, DuRoss said. The measure was called Jack's Law, for Jack Splitt, a 15-year-old with cerebral palsy who died that year, after the law was passed. An assistant attorney general told Blakey his office would allow the school to administer the drug until the office can figure out how to address the state law. 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 risky, he said. The patch, the lawsuit says, improved her health and eased some of the side effects.

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