Ashley’s Law in Illinois: Medical Cannabis in Schools, IDPH Cards

Ashley’s Law in Illinois (105 ILCS 5/22-33) lets a registered minor medical cannabis patient receive a cannabis-infused product at school, on the school bus, and at school-sponsored activities, as long as the family completes the state registration and gives the school the right paperwork. It applies to public schools, charter schools, and nonpublic schools.

Does Your Child Qualify

Your child has to be a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act. That means a certified healthcare professional has diagnosed them with a qualifying debilitating medical condition and you have registered them with the Illinois Department of Public Health (IDPH).¹ The qualifying condition list is the same for minors as for adults and covers conditions such as epilepsy and seizure disorders, cancer, autism, PTSD, Crohn’s disease, muscular dystrophy, chronic pain, and traumatic brain injury, among others.

A minor qualifying patient can have up to three designated caregivers, and at least one must be a biological parent or legal guardian.² Both the student and at least one caregiver need valid IDPH registry identification cards before the school is obligated to allow administration on campus.

Getting the IDPH Registry Cards

You apply through IDPH for a minor qualifying patient registry card. One caregiver is included at no additional charge, and you pick the card’s duration:³

One year: $50
Two years: $100
Three years: $125

The application requires fingerprints for both the patient and caregiver so the Illinois State Police and FBI can run criminal background checks.⁴ IDPH can waive the fingerprint requirement for a patient whose illness makes providing them physically difficult, as long as a full background check still gets completed.

What to Give the School

Once your child holds a valid registry card, give the school two things. First, a written authorization specifying the times or special circumstances when the product must be administered. Second, copies of both the student’s registry identification card and your own caregiver card.⁵ The school nurse keeps all of these documents on file.¹

The authorization is only good for one school year. Renew it at the start of each new year, along with updated copies of any renewed registry cards.

Who Can Give the Dose

A parent, legal guardian, or any IDPH-registered designated caregiver can come to the school to administer the product. The caregiver must be at least 21, free of disqualifying criminal convictions, and registered with IDPH.⁴ After giving the dose, that person must take the product off school premises.⁵

A 2019 amendment also allows a school nurse or school administrator to administer the product, which can save a parent the trip during the workday. One important limit: no school employee is required to do it. The statute explicitly says nothing in the law forces any employee to administer a medical cannabis-infused product to a student.⁵ Confirm willingness with your specific school before you count on staff for daily dosing, and keep a backup plan.

Schools may also authorize a student to self-administer, but only under the direct supervision of a school nurse or administrator.¹ This often works for older students who can manage their own dosing. The self-administration authorization also has to be renewed each school year.⁵

Where and in What Form

The statute covers administration on school premises, on school buses, at school-sponsored activities, and during before-school or after-school care on school-operated property.⁵ That breadth matters for conditions that require time-sensitive dosing.

Only cannabis-infused products are allowed. Smoking and vaping are prohibited on school property and school buses. In practice that means oils, tinctures, ointments, or edibles.

How It’s Stored on Campus

When a nurse or administrator handles the medication, or when a student self-administers under supervision, the product is stored with the school nurse, consistent with how other student medications are kept. Only the school nurse or a school administrator can access it.⁵ It does not go in a locker or backpack.

When a parent or outside caregiver comes in to administer the product directly, it does not stay on campus. The person who brought it must take it with them when they leave.¹

Protections and When a School Can Refuse

A school cannot discipline a student for receiving a properly authorized medical cannabis-infused product, and it cannot deny the student’s eligibility to attend school because they need the medication.⁵ If a school tries to suspend your child or block enrollment over this, the statute is on your side.

The law has two exceptions. A school can refuse to allow administration if, in the school’s judgment, it would disrupt the educational environment or expose other students to the product.¹ The statute does not define “disruption,” so schools have some discretion; a written administration plan that addresses the specific concern is the practical response. The second exception is structural: a school is not required to authorize use if doing so would cause it to lose federal funding.⁵ Cannabis is still Schedule I federally, and the carve-out exists so districts aren’t trapped between state law and federal funding rules. Most Illinois districts have not reported losing federal funding over Ashley’s Law compliance, but the escape hatch is in the statute if a district believes its funding is genuinely at risk.

1
Illinois State Board of Education. Medical Cannabis FAQ
2
Illinois Department of Public Health. Minor Qualifying Patient Application
3
Illinois General Assembly. Illinois Administrative Code Section 946.210 – Fees
4
Illinois Department of Financial and Professional Regulation. Compassionate Use of Medical Cannabis Program Act
5
Illinois General Assembly. Illinois Compiled Statutes 105 ILCS 5/22-33 – Medical Cannabis Schools