Federal U.S. District Court Judge John Blakely on Friday ruled that an 11-year-old medical cannabis patient in Illinois can be administered cannabis oil in school, according to an NPR report. The Illinois attorney general’s office told the court they would not challenge the ruling and would work with state officials to address the issue in the state’s medical cannabis law.
The patient, Ashley Surin, suffers from epilepsy brought on by leukemia treatments. She wears a low-THC patch on her foot but requires oil drops to be administered if she has a seizure. Her parents sued the state and Schaumburg School District, arguing that the state’s ban on medical cannabis in schools violates the Individuals With Disabilities Education Act, the Americans with Disabilities Act, the Constitution, and due process. Surin has been out of school for two weeks as the case unfolded.
District 54 Superintendent Andy DuRoss said before the case that the district was legally unable to grant the Surins’ request to allow Ashley to store her medication on school property, buses and school-related events and have faculty and staff administer it when necessary. He indicated the district would comply with whatever the court ordered.
The case is the first of its kind in the U.S.