Earlier this month, after the Illinois Senate voted 50-2 to allow students who qualify for the state’s medical cannabis program to consume cannabis-based medications on school property, Illinois Governor Bruce Rauner signed the law into effect.
The new measure is named Ashley*s Law, after a 12-year-old student named Ashley Surin who required medical cannabis to treat the symptoms of epilepsy. Surin attends Hanover Highlands Elementary School in Hanover Park, Illinois.
Surin developed epilepsy after she was treated with chemotherapy for leukemia. She currently uses medical cannabis patches and lotions, containing the non-psychoactive cannabis compound cannabidiol (CBD), to prevent seizures.
The Statute in full
Section 5. The School Code is amended by adding Section 22-33 as follows:
(105 ILCS 5/22-33 new) Sec. 22-33. Medical cannabis. (a) This Section may be referred to as Ashley's Law. (a-5) In this Section, "designated caregiver", "medical cannabis infused product", "qualifying patient", and "registered" have the meanings given to those terms under Section 10 of the Compassionate Use of Medical Cannabis Pilot Program Act. (b) Subject to the restrictions under subsections (c) through (g) of this Section, a school district, public school, charter school, or nonpublic school shall authorize a parent or guardian or any other individual registered with the Department of Public Health as a designated caregiver of a student who is a registered qualifying patient to administer a medical cannabis infused product to the student on the premises of the child's school or on the child's school bus if both the student (as a registered qualifying patient) and the parent or guardian or other individual (as a registered designated caregiver) have been issued registry identification cards under the Compassionate Use of Medical Cannabis Pilot Program Act. After administering the product, the parent or guardian or other individual shall remove the product from the school premises or the school bus. (c) A parent or guardian or other individual may not administer a medical cannabis infused product under this Section in a manner that, in the opinion of the school district or school, would create a disruption to the school's educational environment or would cause exposure of the product to other students. (d) A school district or school may not discipline a student who is administered a medical cannabis infused product by a parent or guardian or other individual under this Section and may not deny the student's eligibility to attend school solely because the student requires the administration of the product. (e) Nothing in this Section requires a member of a school's staff to administer a medical cannabis infused product to a student. (f) A school district, public school, charter school, or nonpublic school may not authorize the use of a medical cannabis infused product under this Section if the school district or school would lose federal funding as a result of the authorization. (g) A school district, public school, charter school, or nonpublic school shall adopt a policy to implement this Section.
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