Pubdate: Sat, 22 Sep 2018
Source: Los Angeles Times (CA)
Copyright: 2018 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248

KINDERGARTNER CAN TAKE CANNABIS DRUG TO SCHOOL, JUDGE SAYS

A kindergartner can keep bringing a cannabis-based drug used for
emergency treatment of a rare form of epilepsy to her public school, a
judge ruled Friday.

The Santa Rosa Press Democrat reported that a judge sided with the
family of 5-year-old Brooke Adams.

The Rincon Valley Union School District in Santa Rosa sought to ban
the ointment from school grounds because it contains the active
ingredient in marijuana.

Authorities argued that allowing Brooke to use the drug at school
violated state and federal laws barring medical marijuana on school
grounds.

Medical marijuana use in private with a doctor's recommendation is
legal in California.

A judge's temporary order permitted Brooke to start school in August
while the district's objections were considered. A nurse accompanies
Brooke to school and has had to apply the oil three times to treat
seizures.

Judge Charles Marson made the order permanent on Friday. Marson is a
judge in the state office of Administrative Hearings' Special
Education Division, which handles disagreements between school
districts and parents of children with disabilities.

"I was so overwhelmed with emotion and joy that we don't have to fight
anymore after a battle of over two years," said Jana Adams, the girl's
mother. "She can just go to school like any other child and we don't
have to keep pushing to get what she needs."

The family's lawyer, Joe Rogoway, said he hopes the ruling opens the
door for other students who say they need to use a cannabis-based drug
on campus for medical reasons.

District officials said they were reviewing the decision and haven't
decided whether to appeal. Assistant Superintendent Cathy Myhers said
the district is relieved to have legal guidance on the issue.

"We are pleased with the decision and guidance," Myhers said. "We are
happy to have a decision that supports our ability to educate and
serve this student in our public schools."