The lawsuit is asking for a preliminary injunction to allow the girl to access and consume medical marijuana at school, a school-related event or on a school bus, as long as it complys with the doctor's orders.
The Illinois Attorney General agreed not to prosecute, and the school district said its goal was to have Surin back in the classroom with no legal consequences for staff who administer the medicine. A lawyer for the school district says she's satisfied with the attorney general's promise, but would like to see a permanent change to marijuana laws in IL. "Her brain used to be like in a cloud", Maureen Surin, the girl's mother, told media. The Surin's said Ashley has improved dramatically since she has been getting the medical marijuana treatments. "And now she can think clearer and she's more alert".
The Chicago Tribune reports that the plaintiffs of the federal lawsuit, who are identified by initials, contend the state's ban on taking the drug at school is unconstitutional. The chemotherapy treatments led the girl to develop a seizure disorder and epilepsy.
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"We do also share the same concerns and care about (A.S.) and her family in this situation", he said.
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.
Darcy Kriha, an attorney for the school district, said the school system felt it was in a bind because of how the law was written.
"What people seem to misunderstand here is that medical marijuana is a prescription like any other drug", Glink said. They say it denies the right to due process and violates the Individuals with Disabilities Education Act and the Americans with Disabilities Act. The child suffers from seizures following a battle with leukemia. They hope she continues to improve as she is weaned off the other medications and as she gets back to school.