5th grader brought her medical marijuana to school, she was expelled so now her family is now suing the district

A family in Hanover Park is taking their 5th grader’s elementary school to court, according to WGN.

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The girl’s name was not revealed in the court papers, only referred to as A.S., as to protect her privacy. A.S.’s family was at a dead end, their poor daughter had tried everything to keep her from the pain she was feeling due to leukemia.

Her parents had tried everything to help their 11-year-old daughter. She’d gone through several rounds of chemotherapy for treatment. Unfortunately, she became epileptic as a result. Her parents spent several years using “traditional” medications to deal with her seizure disorder but nothing worked, according to a federal lawsuit.

Just when they thought all hope was lost, a doctor provided them an alternative. Medical marijuana, which has been known to work wonderfully for those suffering from random seizures.

A.S. wears a medical marijuana patch on her foot to be easily identified for those who might question what she is doing when she needs to medicate. Sometimes she uses “cannabis oil drops” on her tongue or wrists. The drops contain small amounts of THC, the active ingredient in marijuana.

It’s become a thing of dependency, and if she wants to go to school to receive her education she needs to have the drops on her at all times. However, the school says she can’t bring her treatments to Hanover Highlands Elementary School, according to the suit filed Wednesday in Chicago federal court. Her parents say she can’t go to the school without it.

The family contends the state’s ban on taking the drug at school is unconstitutional. They say it denies the right to due process and violates the Individuals With Disabilities Education Act and the Americans with Disabilities Act.

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The girl’s doctors explained to officials that she can suffer symptoms that would require marijuana “at any time during the school day,” the newspaper reported. The district would not accommodate them, the suit said. Illinois’ medical cannabis law prohibits possessing or using marijuana on school grounds or buses. Superintendent Andy DuRoss says the district will abide by the law.

District 54 Superintendent Andy DuRoss told The Chicago Tribune school officials are just following state law, which prohibits them from allowing pot on school grounds.

“We cannot legally grant the request,” he told the newspaper. “We’re going to abide by the law and do our best to support our students within the confines of the law.”

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