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: 5, Insightful) by bob_super on Monday January 15 2018, @10:20PM (9 children)
> "Prohibiting it in school would be the same as prohibiting other medications such as Ritalin, Adderall or Concerta."
How about prohibiting those three, and once again letting teachers scare the "ADHD" kids into behaving?
There are very few "ADHD" kids who wouldn't be magically cured by a few public yardstick spankings. Fear has magical focusing effects.
(Score: 3, Interesting) by Anonymous Coward on Tuesday January 16 2018, @12:06AM (2 children)
Well, at least prohibit Adderall, which is just meth. It fucks with your heart rhythm.
Concerta is Ritalin, but slow-release. They work OK, but depending on drugs is pretty messed up.
Most places have banned public punishment. This includes posting grades. The misery of any resulting humiliation actually does help keep people in line though, and by making people try harder it can actually be good for them.
Most places have banned in-school spankings. This is probably a mistake, but making spankings be beneficial requires some training (do not bash heads) and requires that we not hire teachers that get a perverse joy out of it. Some of the issues can be fixed by having the student be spanked by somebody other than the person who orders the spanking. That slows the process down though, and speed matters with the kids most likely to benefit from this punishment.
Much of the ADHD problem is a refusal to accept male behavior. Note that nearly all teachers in the younger grades a female and feminist. There has been an active effort to change education to benefit girls, for example with more group activity and discussion. Meanwhile, boys can't read; most of the students with reading problems are male. Boys are acting out in frustration. Boys could use more physical activity, perhaps 40 minutes twice daily. Boys could use more time to tinker with objects, for example in a real shop class with real tools. Boys benefit from an explicit rank structure, with legitimately earned awards. The fuzzy rank structure implied by gossip isn't good for boys.
(Score: 4, Funny) by Anonymous Coward on Tuesday January 16 2018, @12:25AM
I see what you did there.
(Score: 3, Insightful) by Anonymous Coward on Tuesday January 16 2018, @07:10AM
I have come to the conclusion that we as a society flat do not want to teach our kids useful stuff.
We need them absolutely dependent on us, like a caged animal is to its owner.
Caged by debt.
So, we don't teach them how to survive. We teach them how to "go with the flow" and get the whole mess of 'em over their head in debt.
So we can have 'em cleaning the restrooms at the fast food joint for five dollars an hour.
Then get it all back in rent.
(Score: 3, Touché) by Anal Pumpernickel on Tuesday January 16 2018, @02:29AM
Physically assaulting others who behave in ways that you disagree with sure does sound like a good idea. I have to agree.
(Score: 5, Insightful) by Thexalon on Tuesday January 16 2018, @03:00AM (3 children)
As someone who's worked with ADHD kids, what actually made a huge difference is putting them in an environment where they weren't bored out of their minds.
Corporal punishment doesn't really solve much of anything, because it switches authority from "I'm in charge of you because I'm more experienced and smarter than you" to "I'm in charge of you because I'm bigger than you and can hurt you". Which runs into two major problems: 1. If you or another adult aren't around, then there's nobody bigger than the kid to hurt them, so whatever rules you made don't stick around as good ideas. 2. Sometime between the ages of 12 and 15, the kid stops being smaller than you. At which point, again, you lose the power to control that relationship, and your teenagers rule over you with an iron fist. A much better way of controlling kids is by repeatedly demonstrating that doing what you tell them is something that's beneficial to them even when you aren't the one rewarding or punishing them.
The only thing that stops a bad guy with a compiler is a good guy with a compiler.
(Score: 2, Insightful) by anubi on Tuesday January 16 2018, @07:24AM (1 child)
I have seen that same meme play out so many times.
The young child is unwittingly taught that "Might makes Right", and the kid grows up to be a real problem that only keeps the police and courtroom busy, and the neighbors terrified.
That is, until the kid finally does something that justifies a long stint in the pen.
What a waste...
Good parenting takes a lot of time. Time for you to teach. Time for the kid to learn by observing how YOU handle things.
Unfortunately, today's kids are being cheated our of their childhood. Their parental teaching time has been replaced by electronic games and the internet, neither of which give a rat's ass about the kid's welfare.
One thing I do know... one grows far more then animals and veggies on a family farm. They also grow relationships and values. And the self-worth that comes with knowing something very valuable exists because you made it so.
"Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]
(Score: 2) by Thexalon on Tuesday January 16 2018, @10:30PM
"One thing I do know... one grows far more then animals and veggies on a family farm. They also grow relationships and values. And the self-worth that comes with knowing something very valuable exists because you made it so."
You can do that a lot of ways, but yes, family farms can be that. In my case, seeing my dad write code and debug problems was a big inspiration for me to take up the trade myself.
The only thing that stops a bad guy with a compiler is a good guy with a compiler.
(Score: 4, Interesting) by bradley13 on Tuesday January 16 2018, @09:05AM
"As someone who's worked with ADHD kids, what actually made a huge difference is putting them in an environment where they weren't bored out of their minds."
This. Drugging them is a stupid solution. Some kids - mostly boys - need a more active environment, frequent recesses to burn off steam, etc.. Very few of them are actually outside of normal behavioral bounds.
I spent a number of years teaching martial arts to kids. We got quite a number of problem cases. It's an oversimplification, but generally the problem kids were just very active kids who lacked self-awareness and self-control, and that's what we taught them. And those problems could just about always be tracked back to the home environment: clueless parents, or in some cases abusive parents. If the parents recognize the problem, and care enough to do something about it, the problems caould almost always be fixed, no drugs required.
Clueless parents who fail to recognize that they need help. Drug the brats into submission /sarc
Everyone is somebody else's weirdo.
(Score: 2) by DannyB on Tuesday January 16 2018, @04:31PM
There must be safe spaces for kids who want to opt out of public yardstick spankings!
And for those who wish to opt out of conforming to behavioral norms!
Those few ADHD kids who wouldn't be magically cured probably do need real treatment. But the rest maybe aren't really ADHD. It's funny how many kids are ADHD when the parents like the effects of their kids drugs. (either how the drug affects the parents, or how it affects the kids).
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(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.
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(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!
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(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.
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(Score: 5, Funny) by Snow on Monday January 15 2018, @10:32PM
(Score: 2) by looorg on Monday January 15 2018, @10:38PM (12 children)
I assume she isn't smoking it, that would be a bit odd since you have to be 21 to legally smoke tobacco in Illinois, as far as I know, so one would assume weed would be the same. So it's probably in pill or eatable form? If she gets it via the school nurse I'm not sure there is an actual problem, that is unless she is sitting stoned in school all day -- in which case being in school would probably be quite pointless. Also she can't have it herself due to "easy" access for other students -- that doesn't have the medical exemption (even tho I doubt that stops most kids from getting it if they want to, perhaps not at age 11 but then what do I know -- perhaps all kids are doing it these days).
So in some regard I'd be more worried about it being easy access to other kids then for the employees at school. After all if they are now allowing legal medical cannabis in the state and all the paperwork is in order etc I don't see why a school nurse shouldn't be able to administer that as needed.
(Score: 2) by takyon on Monday January 15 2018, @10:47PM (9 children)
I'm pretty sure that in the absence of a prescription on file for the student, school nurses can only hand out over-the-counter meds or use life saving meds (like an EpiPen or Naloxone [nytimes.com]). You might even need a parental consent form to hand out 2 aspirin.
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: 2) by looorg on Monday January 15 2018, @10:55PM (7 children)
I'm fairly sure that wouldn't be an issue here since her parents seem to be on board, so I assume they would sign any required paperwork for their kid to get a patch or some oil applied.
I was also left wondering about the Disneyland vs world. Can't she just go to Disneyland instead? They have (medical) weed now in California without questions, or is it just not transferable from state to state? Florida seems to have it to, but you need a doctors recommendation. Or is the issue that she might cross, or fly over, a few states that won't allow it? Perhaps its Disney that doesnt like their guests to walk around the park on drugs? It might get trippy with all the giant mice and such.
(Score: 2) by takyon on Monday January 15 2018, @11:06PM (3 children)
WTF did you mean by this:
Are you worried about kids stealing the medication from other kids?
Kids already bring cannabis into schools. Some more than others.
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: 2) by looorg on Tuesday January 16 2018, @12:04AM (2 children)
I think it was quite clear. You even managed to pick it up. So what was the question again?
(Score: 2) by takyon on Tuesday January 16 2018, @12:08AM (1 child)
What drugs can you sell me?
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: 2) by looorg on Tuesday January 16 2018, @12:17AM
I can hook you up with some dried elk poop, it drives the Japanese tourists nuts.
(Score: 4, Insightful) by archfeld on Monday January 15 2018, @11:31PM (2 children)
Crossing state lines, even between permissive states makes it a federal crime. With the US Attorney General making noises about going back into the business of violating state sovereignty issues even when the states in question don't want Federal 'help' the schools which accept federal $$$ may find them selves in a no-win situation.
https://www.apnews.com/19f6bfec15a74733b40eaf0ff9162bfa [apnews.com]
For the NSA : Explosives, guns, assassination, conspiracy, primers, detonators, initiators, main charge, nuclear charge
(Score: 2) by looorg on Tuesday January 16 2018, @12:14AM (1 child)
As I suspected then. I do wonder when this will start to become a real issue as more and more states are allowing cannabis for medical or recreational usage. I don't see any of them going back on that any time soon. Eventually it will become unbearable when the states allow something and then at the same time the federal level deem it illegal. Won't it pose a real issue of something being both legal and illegal at the same time depending on whom (or what level of government) you ask? Citizens paying taxes on a local and state level to approve of something and then paying more taxes on a federal level to be against it. That should be fun, and interesting.
(Score: 0) by Anonymous Coward on Tuesday January 16 2018, @07:32AM
Maybe the states also tell the Feds that if they don't get their slice of the pie, they will start telling the citizens of their state that they are a "sanctuary" state and no Federal tax needs to be paid there, said State taxes raised to cover the Federal shortfall.
(Score: 4, Interesting) by bob_super on Monday January 15 2018, @10:59PM
Fun contrast: France had a big polemic a few years back, on whether a middle-school nurse handing a day-after pill to a minor should be required to inform her parents.
(Score: 0) by Anonymous Coward on Monday January 15 2018, @11:10PM (1 child)
As far as I know it is still 18 here in Illinois for tobacco, although there has been some proposals to increase it. Some local juristictions may also be higher. For lack of a better link here's wikipedia, looks like most of America is 18 - https://en.m.wikipedia.org/wiki/Smoking_age [wikipedia.org]
(Score: 2) by looorg on Tuesday January 16 2018, @12:07AM
It might be. I didn't exactly do an extensive (re)search, a lot of links just said 21 when looking for what the age limit of tobacco in Illinois was, and so I went with that. She is still below 18 to tho so it might matter less. But yes it could have been wrong, it probably is wrong. But then it might not matter all that much since she apparently wasnt going to smoke it anyway but getting it in other forms. So a complete side track on my part.
(Score: 4, Insightful) by srobert on Monday January 15 2018, @11:38PM (1 child)
Mister Spicoli what is that you're doing?
Why that's my awesome prescription bong, Dude. Wanna hit?
(Score: 2) by DannyB on Tuesday January 16 2018, @06:35PM
Mister Spicoli corrects poor use of English language.
You do not ask: how's it hangin'
The proper way to determine the answer to your question, any time you feel it necessary to inquire, when curiosity must be satisfied, is to simply grope sufficiently to satisfactorily discover the answer for yourself. This method works more effectively feeling under the clothes, yet is sufficiently effective when performed outside of the clothing.
Hope that helps.
This and other useful tips from Mr. Spicoli are available every Tuesday after school.
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