The state of IL prohibits the use of medical marijuana on public school property. 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. The child was recently prescribed medical marijuana by doctors to help her regulate seizures that she's struggled with since she was 2.
The ruling comes after the girl's parents sued Schaumburg School District 54 for the right to take medical marijuana at school.
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.
Ashley has suffered from seizures for years.
The young girl, identified in the lawsuit as AS, is prescribed patches of medical marijuana to ease her seizures that were caused by aggressive rounds of chemotherapy.
"She can think better, walk better, talk better her brain used to be like in a cloud", her mother Maureen Surin said. Since getting her state medical marijuana card the first week of December, Ashley has been wearing a patch on her foot and rubbing marijuana oil on her wrist.
Family sues suburban district over 5th grader's medical marijuana
The state attorney general's office set out their position at a brief court hearing two days after Ashley's parents filed a federal lawsuit against IL and the Schaumburg School District 54. "It's not a drug".
The school district said it had concerns that its employees could face penalties for helping Ashley with her treatments. "It hasn't caught up with reality".
The couple then asked the school if their daughter could store and use her cannabis on school grounds, but were denied due to state laws.
It has reduced her seizures from one to three a day to just one in the past month, and has allowed her to wean off one of her more traditional prescription drugs.
Kriha credited Ashley's family for pressing her case and the state's attorney general's office for showing flexibility.
Now the family is taking the school district to court. "The school would like to see legislative change so just not Ashley can benefit, but other students can as well".