At the Dirksen Federal Building Friday, U.S. District Judge John Blakey granted the school district an exemption to administer medical marijuana to her if necessary.
Ashley received treatments and a "substantial" amount of traditional medications to treat her seizures, but they were not successful, and the child's treating physicians have certified her as being qualified to receive medical marijuana to treat her epilepsy, the suit stated.
The girl, identified as A.S.in the lawsuit, has seizures and suffers from epilepsy after going through chemotherapy treatments. The family said Ashley is now being prescribed medical marijuana.
The state medical cannabis law prohibits possessing or using marijuana on school grounds or buses, though a school may not prohibit a student from using medical marijuana at home.
The parents of a suburban Chicago elementary school student suffering from leukemia are suing a Schaumburg-based school district and the state of IL for her to have the right to take medical marijuana at school.
"That's all we wanted was for her to be back in school with her friends on her diet, on her medicine, and just go on with her 11-year-old like", said Maureen Surin. Her parents say she can't go to the school without it.
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Ashley has been using a medical marijuana foot patch and rubbing oil with positive results.
The lawsuit, filed Wednesday against School District 54 and the state of IL, could have far-reaching implications.
"The school would like to see a legislative change so that not just Ashley could benefit from this today, but other students can", said school district attorney Darcy Kriha.
Meantime, the family says it's time for the legislature to update and revise the medical marijuana law.
School nurses feared they'd lose their licenses or even be arrested helping Ashley with the technically illicit drug.
According to the Chicago Tribune, this could be a first-of-its-kind case where a child sues the state government claiming their marijuana restrictions are actually violating federal law.