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posted by Fnord666 on Monday January 15 2018, @09:59PM   Printer-friendly
from the legal-spiderweb dept.

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.


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  • (Score: 2) by looorg on Tuesday January 16 2018, @12:17AM

    by looorg (578) on Tuesday January 16 2018, @12:17AM (#622872)

    What drugs can you sell me?

    I can hook you up with some dried elk poop, it drives the Japanese tourists nuts.

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