CHICAGO (CBS/AP) — The parents of a suburban Chicago elementary school student are suing School District 54 in Schaumburg and the state of Illinois for the right to use medical marijuana at school.
The Chicago Tribune reports plaintiffs of the lawsuit filed in U.S. District Court, who are identified by initials, contend 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.
The 11-year-old student is being treated for leukemia with chemotherapy. The lawsuit says that as a result, the child suffers seizure disorders and epilepsy.
Attorney Steve Glink filed this lawsuit on behalf of the student, who attends Schaumburg’s Hanover Highlands School.
He tells CBS 2’s Dana Kozlov the girl needs a medical cannabis patch and drops to help counteract seizures.
The lawsuit notes her physicians have certified her to receive medical marijuana to treat the epilepsy.
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.
The case was expected to be discussed in Chicago’s federal court at 11 a.m. Friday. Glink says he hopes a compromise can be quickly agreed upon.
(© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)