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.
But the district denied the fifth grader's request because state law prohibits even medical marijuana on school grounds or school busses.
The case was expected to be discussed in Chicago's federal court at 11 a.m. Friday. Her parents say she can't go to the school without it. The attorney for Ashley's school district says this decision could help other students.
The Illinois Attorney General agreed not to prosecute and the school district said its goal was to have Ashley back in the classroom with no legal consequences for staff who administer the medicine. "Our firm represents over a hundred school districts in IL and the ramifications of this today will be felt throughout the state", said Darcy Kriha, attorney for School District 54. That is when the girl uses cannabis oil drops with small amounts of THC on her tongue or wrists to regulate her epilepsy.
The family wants a preliminary order that would allow her to wear the patch and get the cannabis oil drops, USA Today reported.
The Chicago Tribune reports that the plaintiffs of the federal lawsuit, who are identified by initials, contend the state's ban on taking the drug at school is unconstitutional.
"The parents have told me that the difference between their daughter and now is like night and day", the family's attorney Steven Glink told USA TODAY describing the girl's condition before and after she started medicating with marijuana. In Colorado, where voters authorized medical marijuana in 2000, lawmakers let schools allow the drug for medical use, but no schools did so initially. The measure was called Jack's Law, for Jack Splitt, a 15-year-old with cerebral palsy who died that year, after the law was passed.
The Colorado rule-known as Jack's Law- gives the state's school districts authority to write policies for where on campus the treatments can take place and what forms of cannabis can be administered.
"We fundamentally believe your right to medication should never have to conflict with your right to an education", Springer said. The child suffers from seizures following a battle with leukemia. The Surin's said Ashley has improved dramatically since she has been getting the medical marijuana treatments.
"There's a reason parents are doing this", he said, "It's not to get their kids high".
Chicago Tribune's Steve Schmadeke contributed.