SoylentNews is people
SoylentNews
A District Judge, the Illinois Attorney General's office, and Schaumburg School District 54 have agreed to exempt an 11-year-old from an Illinois law prohibiting medically prescribed cannabis at schools:
In a decision that may have sweeping effects, a judge has allowed an 11-year-old Illinois girl to use medical marijuana at school.
Medical marijuana is legal in Illinois, and it is against current law for students to use it in school or have school nurses administer it. Now, Ashley Surin is the sole exemption. She overcame a leukemia diagnosis at 2 years old with extensive chemotherapy, but some of her treatments eventually led to having semi regular seizures. Her mother, Maureen Surin, told NPR that since starting medical marijuana treatment, her seizures have immensely declined in number. "We're amazed with her progress," Surin said.
Her parents filed a lawsuit in federal court on Wednesday against Schaumburg School District 54 and the State of Illinois, claiming that the state's ban on taking the drug at school violates the Individuals With Disabilities Education Act (IDEA). On Friday, a judge ruled in their favor after hearing from the school district, which reportedly had concerns that its employees may be subject to legal penalties for helping Ashley with her medications.
"What people seem to misunderstand here is that medical marijuana is a prescription like any other drug," [the family's attorney, Steven Glink, said]. "Prohibiting it in school would be the same as prohibiting other medications such as Ritalin, Adderall or Concerta."
A more permanent solution could be necessary (archive):
At a hearing in federal court in Chicago to consider the issue, Illinois Assistant Attorney General Thomas Ioppolo said that his office was willing to let school employees dispense the medication without prosecution. But U.S. Judge John Robert Blakey pointed out that officials would have to address the state law prohibition on possession or use of marijuana at school. For the judge to rule on the issue, he said, he would also need to find some legal basis to do so. The court case was continued until Friday, Jan. 19, for the attorney general's office to return with its legal assessment. But a court ruling may be unnecessary, Glink said, if school and state officials and lawmakers can resolve the matter on their own.
School district attorney Darcy Kriha said the case could benefit many children beyond Ashley, if school employees are protected from prosecution or license penalties for participating. School access is not the only issue, Maureen Surin said. Ashley wants to go to Disney World in Florida, but also can't get her medicine when she crosses state lines, Surin added.
Also at USA Today and NBC Chicago.
(Score: 2) by Ellis D. Tripp on Monday January 15 2018, @10:32PM (10 children)
Being a Schedule I drug, marijuana CANNOT be prescribed, at least not without the prescriber facing penalties including forfeiting the right to prescribe ANY controlled drugs.
The states that have legalized MMJ require a "letter of recommendation", or similar language from a referring physician. Basically, a note saying that the physician believes that pot might help you with whatever issue.
A prescription would also need to spell out active compound, dosage, frequency, route of administration, etc. Difficult to do for a plant or crude plant extracts.
"Society is like stew. If you don't keep it stirred up, you end up with a lot of scum on the top!"--Edward Abbey
(Score: 5, Interesting) by frojack on Tuesday January 16 2018, @12:41AM (5 children)
Well, apparently this Federal Judge (U.S. Judge John Robert Blakey) says it can. That pretty much calls Jeff Sessions' and the DEA's bluff don't you think?
Thirty states and the District of Columbia currently have laws broadly legalizing marijuana in some form. [governing.com]
Five more such states and we reach a legal tipping point where a straight up bill to legalize marijuana and remove it from DEA control would almost certainly pass and be veto proof. With the judiciary helping out that might come sooner.
No, you are mistaken. I've always had this sig.
(Score: 3, Insightful) by dry on Tuesday January 16 2018, @05:20AM (4 children)
Be able to go for a Constitutional Amendment at the rate things are improving.
You Americans really need to consider more Amendments, though considering your Supreme Court, it might not help.
(Score: 2) by DannyB on Tuesday January 16 2018, @04:34PM (3 children)
Making it too easy to amend the constitution could lead to bad outcomes. Sort of like how the electoral college can lead to bad outcomes.
To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.
(Score: 2) by dry on Tuesday January 16 2018, @05:20PM (2 children)
Compared to having the Supreme Court being in the habit of rewriting it? This story for example, seems the US Federal government doesn't/shouldn't have the power to ban a little girl from taking her medicine, though does have some power to perhaps harmonize some regulations like how potency is measured.
Needing, I believe 3/4's of the States to agree on amendments seems to make it non-trivial to amend.
(Score: 2) by DannyB on Tuesday January 16 2018, @06:27PM (1 child)
Doesn't the Supreme Court merely interpret the constitution? Regardless of which way the court is stacked. Each case to the SC is a single constitutional question. It seems some questions are going to be controversial no matter what. Whichever way the court decides is going to cause one group, or a different group to feel as if they court isn't upholding the constitution -- even if the court protected the other group's rights.
Overall, I'd say they've done a good job. But there are some decisions that boggle the mind. Corporations Are People Too? And they can buy and sell politicians. Collect 'em, trade 'em with your friends!
To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.
(Score: 2) by dry on Tuesday January 16 2018, @07:38PM
Theoretically, in practice they add stuff such as changing the 1st's freedom of speech into some types of speech are protected. Some interpretations are just far out such as free speech zones or the border extending 100 miles into the country with border searches legal through the 100 miles. Then there is outright banning religions such as some native ones that used illegal substances such as peyote.
Strictly speaking, corporations are persons and do have some rights including free speech. Other rights such as the right to life, perhaps not. Seems like a situation that an amendment could clear up as the role of corporations in society has changed so much since the writing of the Constitution and your founders just naturally didn't consider it.
The question of money being speech is another thing that perhaps is best decided by amendment. I doubt that the Founding Fathers meant to legalize bribery when writing the 1st.
(Score: 2) by hemocyanin on Tuesday January 16 2018, @03:27AM (3 children)
I live in WA and I've been in a recreational pot store. Everything sold is tested and comes labeled with clear percentages -- I've CBD, CBDa, THC, THCa with each component measured to a tenth of a percent or a hundredth of a percent. Edibles break out the various concentrations by mg. From this, I presume that that rather than be difficult to do, such measurement is trivial. So basically, figuring out dosage etc., would simply be a matter of doing the study, the equipment to accurately measure the active components in cannabis being so easily obtained, even the cheapest ditch weed sold in stores, is tested to at least a tenth of percent.
(Score: 3, Funny) by hemocyanin on Tuesday January 16 2018, @03:29AM
Holy cow -- that last sentence is an abomination. I can assure you, I wasn't high (not because I think it is bad, just because I don't get any enjoyment out of using cannabis).
Also "I've _seen_ CBDa ..."
(Score: 2) by hemocyanin on Tuesday January 16 2018, @03:42AM (1 child)
Apparently, sampling and testing is so evolved, you can buy a slickly marketed device that shows results on your smartphone for $699. https://www.mydxlife.com/shop/analyzer-kits/ [mydxlife.com]
(Score: 2) by DannyB on Tuesday January 16 2018, @06:29PM
Geez, for way less than that I could hire someone to sample some. "test" it. And then report back to me on their experimental results.
To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.