Parents Sue School So Daughter Can Use Medical Marijuana
By Bill Galluccio
January 12, 2018
The parents of an 11-year-old girl who suffers from leukemia have filed a lawsuit against the state of Illinois and her school in Schaumburg, Illinois because she is banned from taking marijuana on premises. According to the Chicago Tribune the girl legally uses a cannabis patch and oil to help regulate seizures that result from her chemotherapy treatments, but a state law prohibits her from using the medication on school property.
The parents, who are only listed by their initials in the lawsuit claim the law that bans medical marijuana on school grounds, despite it being legal in the state, violate their daughters due process and violate the Disabilities Education Act and the Americans with Disabilities Act.
Steve Glink, the family's attorney, says the girl is unable to regularly attend school without the marijuana patch and access to the cannabis oil that were legally prescribed by her doctor.
The school is stuck in the middle because marijuana is banned on school property by the state. USA Today reports that Andrew DuRoss, the Schaumburg School District superintendent, asked for clarification on the law from the Board of Education, and was told "that possession or consumption of medical marijuana would violate Illinois law."
“We cannot legally grant the request,” he said. “We’re going to abide by the law and do our best to support our students within the confines of the law.”
The lawsuit asks "for a preliminary injunction to allow a school employee to help the student store and consume medical cannabis on school property." Glink says that the young girl is in much better health after being prescribed medical marijuana:
The parents have told me that the difference between their daughter (before using medical marijuana) and now is like night and day. Her ability, her behavior in general, her whole character, her wellness is completely different. She can viably attend school
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