The suit, filed in federal court in Chicago, asks for a preliminary injunction to allow a school employee to help the student store and consume medical cannabis on school property, on school buses and at school-related events in compliance with her doctor's orders.
Ashley has suffered from seizures for years. Earlier this week, parents of a suburban Chicago elementary school student suffering from leukemia sued a Schaumburg-based school district and the state of IL for her to have the right to take medical marijuana at school. It was a long way to go to get their daughter medical treatment. "She can viably attend school". "My daughter has the same rights", said Maureen Surin, the girl's mother. The girl, only identified in the lawsuit as "A.S.", is on a regimen of chemotherapy to treat her Leukemia.
School officials, the attorney filing the lawsuit and national marijuana activists and opponents interviewed for this story did not know of any previous similar court case, meaning this lawsuit could set legal precedent.
Finally, the girl's uncle, "conservatarian" podcaster Mike Opelka, penned a moving insider piece about his niece's struggle to "use medical marijuana in grammar school". "We're amazed with her progress", Surin said. 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. "I don't think kids should be limited anywhere, if they are taking medicine".
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The family agrees. They said the state's current medical marijuana laws do not meet reality.
Ashley Surin was diagnosed with leukemia in December of 2008.
Surin has been using a medical marijuana foot patch and rubbing oil with positive results.
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. The district, with more than 15,000 elementary school students, helps more than 1,700 of its students administer prescriptions and school officials are confident they can safely assist Ashley as needed with medical cannabis, Kriha said.