CHICAGO (CBS News) — The parents of a suburban Chicago elementary school student suffering from leukemia are suing a Schaumburg-based school district and the state of Illinois for her to have the right to take medical marijuana at school. 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. 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.
According to Attorney Steve Glink, who filed the lawsuit on behalf of the student, the girl needs a medical cannabis patch and drops to help counteract seizures. The lawsuit also notes her physicians certified her to receive medical marijuana to treat epilepsy.
Illinois’ medical cannabis law prohibits possessing or using marijuana on school grounds or buses. Superintendent Andy DuRoss says School District 54 will abide by the law.
