The Schaumburg parents of an 11-year-old girl diagnosed with leukemia are suing their local school district because it won’t keep medical marijuana prescribed by her doctors to treat seizures on school grounds.
The couple filed the federal lawsuit anonymously Wednesday against Schaumburg School District 54 and the state of Illinois, which they targeted for failing to include public schools among the places where medical marijuana may be present.
A spokeswoman from the Attorney General’s office declined to comment and lawyers representing the school district could not be reached. However, both sides are expected in court Friday as the family seeks a temporary order allowing medical marijuana at the school.
Doing so “will cause no harm to anyone,” the couple’s lawyer argued in a court filing.
The student is enrolled at Hanover Highlands Elementary School, according to the lawsuit. It says her leukemia was treated with chemotherapy, which led to seizure disorders and epilepsy.
Following four years of “traditional western prescriptive medications,” her doctors prescribed medical marijuana, according to the lawsuit. She wears a patch on her foot, which contains small amounts of THC. She also sometimes puts oil drops containing THC on her tongue or wrists to regulate her seizures.
The girl’s doctors have also explained to school officials that she can suffer symptoms requiring access to the marijuana treatments “at any time during the school day.”
However, the couple said the school district has declined to accommodate them, citing the law prohibiting the drug’s presence on school grounds.
“Neither district employees nor students can possess, use, administer, or facilitate the use of cannabis on school property,” Associate Supt. Nick Myers wrote in an email attached to the couple’s lawsuit.
Because the girl must have “immediate access” to medical marijuana, her parents say she cannot attend school without it and “is being denied the opportunity to enjoy the full benefits of the school district’s programs and services.”