Judge rules suburban 5th grader can use medical marijuana at school

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In federal court Friday, the suburban Chicago 11-year-old was granted access to medical marijuana treatments for ailments stemming from chemotherapy for leukemia, the Chicago Tribune reports. Her parents said she beat the leukemia, but some of Ashley's chemotherapy treatments eventually led to her having seizures that continue to this day. She can think more clearly, concentrate and speak longer sentences because she is taking the marijuana oil, her parents said.

"The law hasn't caught up with the medicine", Ashley's mother says.

While medical marijuana is legal in IL, it is against the law for students to use it in school or have school nurses administer it.

The parents of an 11-year-old girl suffering from leukemia are suing a school district and the state of IL for not allowing their daughter to take medical marijuana at school.

The Surin family says they may need to take their fight to the federal level because current law doesn't allow their daughter to travel to several states with her medication. Her parents say she can't go to the school without it. However, it did not take long for the Illinois Attorney General's office to assure the school district that it could assist Ashley's medical needs without penalty.

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Ashley has been using a medical marijuana foot patch and rubbing oil with positive results.

"The attorney general's office said, effectively, they are not going to enforce the ordinance", family attorney Steve Glink said.

The family claims that banning their daughter from using medical marijuana at school is unconstitutional and violates the Individuals with Disabilities Education Act and the Americans with Disabilities Act.

The Illinois Attorney General agreed not to prosecute and the school district said its goal was to have Ashley back in the classroom with no legal consequences for staff who administer the medicine.

The girl's parents, named as J.S. and M.S. say that violates laws created to protect disabled Americans from discrimination, reports the Chicago Tribune.

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