What’s really interesting about this case is that it sounds ripe for a Supreme Court Appeal.
Why? Well, here the Illinois AG is basically saying that IDEA mandates the use of cannabis oil for this child, which is in direct conflict with the CSA. In theory, we have two conflicting federal laws, which can only mean the Supreme Court really gets the say on the matter.
Now granted, the case would have to be appealed up to the Supreme Court, but I find this particular case interesting.
There are embedded protections in many states based upon the individual state laws. In Minnesota, for example, although there is the normal injunction of bringing federally illegal substances within 1000 feet of a school, the Minnesota law protects individuals to some extent.
I had patients who were administered their medical cannabis at schools and day programs. However, many teachers and administrators make such an issue of it that many parents give up and change to twice a day dosing rather than 3-4.
It is a major problem nationally and for states that don’t have very good explicit statutory protections and it requires parental self-advocacy.
I teach a small component on IDEA in one of my classes so I am somewhat versed on the federal law that protects individuals with disAbilities and provides for inclusive classrooms. I also teach about the Controlled Substances Act in another class. My experiences both as a longtime drug warrior and a direct support professional leave me eager to see the outcome of this decision by AG Lisa Madigan’s office. Certainly there is a serious conflict at the federal level that needs to be hashed out by some higher court.
Will it get kicked to the Supreme Court?
I would love some engagement by some of the attorneys here on the forum…
I agree with Ethan here: we will see some change when there is more clamor from parents treating children with cannabis. I believe there still exists some very real fear among parents that state social service agencies might step in and jeopardize parental custody in cases where parents are treating with cannabis.
Stronger self advocacy will encourage a furtherance of change.
