January 12, 2018
An 11-year-old suburban Chicago elementary school student who suffered from leukemia can now use medicinal marijuana at school, a federal judge ruled Friday.
The girl’s parents sued a Schaumburg-based school district and the state of Illinois for her to have the right to take medical marijuana at school.
The plaintiffs of the federal lawsuit, who are identified by initials, contend the state’s ban on taking the drug at school is unconstitutional. They say it denies the right to due process and violates the Individuals with Disabilities Education Act and the Americans with Disabilities Act.
Friday’s decision to allow the girl to take medicinal cannabis at school, is an agreement between District 54 and the attorney general.
The 11-year-old student was being treated for leukemia with chemotherapy. The lawsuit says that as a result, the girl suffers seizure disorders and epilepsy.
Although she is now leukemia-free, the medicinal marijuana is meant to treat her seizures.
The lawsuit notes her physicians have certified her to receive medical marijuana to treat the epilepsy.
Illinois’ medical cannabis law prohibits possessing or using marijuana on school grounds or buses.