Illinois Amends Restrictions to Student Medical Marijuana Usage

 Posted on January 14, 2020 in Medical Marijuana

Two years ago, Illinois passed legislation called “Ashley’s Law,” which made it legal for minors to take doses of medical marijuana on a school campus or during after-school activities. Of course, a doctor’s prescription is necessary in these cases to avoid any drug charges. Along with the many new Illinois laws that took effect at the start of 2020, Ashley’s Law was amended to have fewer restrictions. This was done to make it easier for sick children to get their medicine during school hours.

How Was Ashley’s Law Amended?

Illinois passed Ashley’s Law after a young Schaumburg student and her parents fought in federal court for her right to take medical marijuana in school to combat a seizure-related condition. Thanks to her, minor students are able to receive on-campus treatment for a variety of medical conditions, including:

• Autism

• Chronic pain

• Migraines

• Anorexia nervosa

• Epilepsy

• Osteoarthritis

When the law first went into effect, the stipulation was that only a designated caregiver who is registered in the Medical Cannabis Pilot Program -- typically a parent -- could administer the medication to the minor in need of it.

Medical marijuana also could not be stored on school grounds. It would have to be taken off-campus immediately after the minor took the prescribed dose. The 2020 amendment stated that a school nurse now has the right to administer medical marijuana to the minor. Alternatively, the minor can self-medicate in the presence of the school nurse.

Additionally, the nurse is required to keep the medicine in his/her office along with all other medications until the minor comes in for a scheduled dose. These changes make it easier and more convenient for a minor patient to receive the medicine he or she needs to stay healthy.

Rules Now that Recreational Marijuana Is Legal

It is still important for a minor child to take only the prescribed dose of medical marijuana. Caregivers can legally purchase more cannabis; however, a minor who is taking the drug for medical purposes should always take the prescribed dose. While Illinois has legalized the use of marijuana for recreational purposes, minors are not allowed to purchase marijuana on their own. Those over the age of 21 can purchase the drug from any licensed dispensary in the state. Breaking the new marijuana law can result in an offender facing civil charges in addition to paying steep fines.

Contact a Joliet, IL Criminal Defense Attorney

Even with the new 2020 laws in place, there are still several rules that must be followed when it comes to marijuana usage in Illinois.  A mistake of fact is possible, which can lead to consequences if minors or their caregivers are falsely charged with a drug crime. The lawyers at the Law Offices of Tedone & Morton, P.C. can defend your child’s rights to possess and use the medicine needed to treat his or her condition. To schedule a free consultation with a Will County drug charges defense lawyer, call our office today at 815-666-1285.

Sources:

http://www.dph.illinois.gov/sites/default/files/publications/ashleys-lawschoolsfaqs-10262018.pdf

https://www.thetelegraph.com/news/article/Pritzker-expands-medical-marijuana-14301640.php

https://www.illinoispolicy.org/what-you-need-to-know-about-marijuana-legalization-in-illinois/