HANOVER PARK, IL (WGN/CNN) - An 11-year-old girl who is suffering from leukemia can now use medicinal marijuana at her elementary school.
A federal judge gave the ruling Friday after the girl's parents sued their daughter's school district.
Ashley Surin was diagnosed with leukemia in December of 2008.
Her parents say there were side-effects to the chemotherapy and other medical treatments that brought on seizures.
"We administered chemotherapy to her for days, weeks, months," said Jim Surin, Ashley Surin's father.
Surin has been using a medical marijuana foot patch and rubbing oil with positive results.
"Her brain used to be like in a cloud, and now she can think clearer and she's more alert," said Maureen Surin, the girl's mother.
The family asked the school district to store the medical marijuana on school grounds at Hanover Highlands Elementary in case it was necessary during the school day.
But the district denied the fifth grader's request because state law prohibits even medical marijuana on school grounds or school buses.
"This is a case of great importance,” said family attorney Steven Glink. "They are not going to enforce the ordinance.They're not going to take any action against the parents or the child."
The Illinois Attorney General agreed not to prosecute, and the school district said its goal was to have Surin back in the classroom with no legal consequences for staff who administer the medicine.
"Fix the law that's antiquated. It hasn't caught up with reality," Maureen Surin said.
Ashley Surin had been out of school for about two weeks as this legal drama unfolded.
Her father said she is excited to go back to school on Tuesday.
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