But because of a lawsuit filed by her parents, an eleven year old girl with leukemia will now be allowed to consume the drug at school.
The state does have a medical marijuana law, but it bars cannabis on school property.
An 11-year-old girl who is suffering from leukemia can now use medicinal marijuana at her elementary school. Since taking medical marijuana, Ashley is calmer and more alert and better able to focus and learn, has fewer seizures and can take less of her traditional, debilitating medicine, a "night and day" difference from before, Glink said. 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).
Late past year, her doctors prescribed a medical cannabis patch.
The lawsuit points out the patch is occasionally ineffective in controlling her seizures.
Surin has been using a medical marijuana foot patch and rubbing oil with positive results. Her parents say she can't go to the school without it.
"We do also share the same concerns and care about (A.S.) and her family in this situation", he said.
School district officials said they will administer cannabis to the sixth grader until they get further clarification from the attorney general. "But we can not legally grant the request that was made due to the rules of the IL medical cannabis act". At the Dirksen Federal Building Friday, U.S. District Judge John Blakey granted the school district an exemption to administer medical marijuana to her if necessary.
Glink said that the IL case is somewhat analogous to a situation in Colorado, where a public school student successfully lobbied the state legislature to amend Colorado's medical marijuana law to permit its use in states school.
Lawyers for the school district and Attorney General's Office are expected to meet back in court next week to work on a longer-term approval plan for Ashley and the school.
Jack died in 2016 at the age of 15 after he helped usher in the change in his state's medical cannabis rules.