When it comes to medical marijuana and children, things can get a little legally murky. But two parents in Illinois are looking to make things a little clearer.
Illinois parents identified as J.S. and M.S. are suing their local school district as well as the state in order to allow their daughter to use medical marijuana while at school. The parents have an 11-year-old daughter who is currently undergoing chemotherapy to treat leukemia. The chemotherapy treatments led the girl to develop a seizure disorder and epilepsy. A physician certified the girl to use medical marijuana to help treat the seizures.
The couple then asked the school if their daughter could store and use her cannabis on school grounds, but were denied due to state laws. The parents are now suing the school district and the state, saying those laws are unconstitutional and violate the Individuals With Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). The lawsuit also includes a request for an injunction that the court order the school to allow their daughter to use cannabis while supervised at school until the case is decided.
According to the Chicago Tribune, this could be a first-of-its-kind case where a child sues the state government claiming their marijuana restrictions are actually violating federal law. Therefore, this case could set major precedent for other medical marijuana patients who are being denied their rights around the country.
(h/t Chicago Tribune)