Schaumburg parents are suing Schaumburg Township Elementary District 54 and the state in federal court for not allowing their daughter, who has been diagnosed with leukemia, to take medical marijuana at school.
The girl is 11 years old and is identified in the lawsuit as A.S. Her parents are identified as J.S. and M.S. According to the lawsuit, she wears a medical patch on her foot that contains small amount of THC. From time to time, when the patch alone isn't enough to control the girl's seizures, she uses cannabis oil drops on her tongue or her wrists. The parents asked the district to store the medicine so school personnel can help administer the drops when the need arises.
The district declined to accommodate the parents' request.
"We serve a number of students with complex medical needs and work closely with our families to support and care for our students," a statement from District 54 spokeswoman Terri McHugh said. "In this instance, we cannot legally grant the request from the parent because the Illinois' Medical Cannabis Pilot Program prohibits the possession or use of cannabis on school grounds."
The state's medical marijuana law, which went into affect in 2014, allows patients to use their medicine at home or at work but not at public schools.
The parents' lawsuit, filed Wednesday, says that the state's ban on taking marijuana on school grounds is unconstitutional under the 14th Amendment guaranteeing due process. The lawsuit claims there is no rational basis for the distinction between the venues where medical cannabis is allowed and school property.
A hearing has been set for today in federal court.