Parents Sue School Over Daughter’s Right To Medical Marijuana, Cannabis Oil

Published on: May 7, 2015 at 12:09 AM

Genny Barbour is a 16-year-old high school student in New Jersey with epilepsy and autism. The Barbours began administering drops of homemade cannabis oil to Genny in the morning, after school, and at bedtime. They said that, in addition to affecting her seizures, Genny became more attentive, gentle, and verbal, according to Yahoo Parenting. The Barbours indicated that Genny is finally seizure free after a doctor prescribed her cannabis.

Roger Barbour, who is an attorney, is suing his daughter Genny’s New Jersey school district, which won’t allow her to take needed cannabis-oil treatments . The problem? The Maple Shade school district determined she could not take the medication on school grounds because that would violate federal laws for drug-free school zones, according to the Daily News.

The state Department of Education found in the school district’s favor, and Roger Barbour is appealing that decision. Lora Barbour, Genny’s mother, stated the following, according to the Daily News.

“To me it’s a prescription. To me it’s an order from a doctor that gave my daughter a prescription to have medicine at school.”

Although the school district offered to allow Lora Barbour to take Genny off of school district property to administer the cannabis oil, the family rejected that option, saying that would be too disruptive to her school day, because she has the oil administered multiple times. Roger Barbour stated the following, according to Yahoo Parenting.

“She could have Valium or oxycodone, but not medical marijuana. Other children can take their medicine. My daughter cannot. My daughter is a citizen of this state, and this is a violation of her state and federal constitutional rights.”

This could be a landmark case with far-reaching effect. There are two conflicting laws, as the judge that initially found for the school district, pointed out. The federal Drug Free School Act bars illegal drugs from school property, whereas the New Jersey Compassionate Use Medical Marijuana Act allows patients, including minors, to receive medical cannabis with a doctor’s approval.

In the instant case, Genny was prescribed cannabis oil by a doctor. Genny attends the Larc School, a private school for children with developmental disabilities, but for now, is only attending half days so that she gets her fourth dose of cannabis oil treatment.

Allen St. Pierre, the executive director of NORML (National Organization to Reform Marijuana Laws), believes that there is still a social stigma surrounding the drug, and has stated the following, according to Yahoo Parenting.

“These kids are not smoking blunts or bongs, but using delivery methods that look like what we have for any other kinds of drugs, usually taken orally. If only we can strip away the ‘reefer madness,’ and realize we are discussing a medicine, like any medicine, that kids may need to take to school… The parents, child, and physician are caught between two arguably bad laws.”

In another case involving cannabis oil, David Hibbitt had cancer and was given only 18 months to live. He had gone through arduous chemotherapy and radiotherapy sessions prior to surgery to remove his large bowel, none of which were successful. He indicated that friends suggested that he try cannabis oil , which he stated cured him, according to an article in the Inquisitr.

Do you think that Genny should be able to take the cannabis oil, while on school property, that was prescribed for her? Please leave your comments below.

[Photo By Justin Sullivan/Getty Images]

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