Jacob Redmond
Well-Known Member
A Maple Shade family fighting to give their autistic, epileptic daughter her medical marijuana at school lost their recent appeal, but the legal fight likely won't end there.
The family of Genny Barbour, 16, had appealed in state administrative court on June 25 before Administrative Law Judge John Kennedy.
Kennedy on Tuesday ruled in favor of the school district, upholding its argument that state law does not allow the administration of medical marijuana on school grounds. Barbour attends the Larc School in Bellmawr, although the family lives in Maple Shade.
Kennedy issued a similar ruling in January.
The family can file an appeal of the most recent ruling with the federal court in Camden or with the New Jersey Appellate Division in Trenton.
Genny is "just a little girl who needs medicine and has to come home still each day," said her father Roger Barbour, who is also an attorney representing the family. "I have never had a case go this long in 19 years and hundreds of administrative hearings."
In making his ruling, Kennedy cited the Drug Free School Zone Act, which sets a strict prohibition on drugs within 1,000 feet of a school. Penalties for drug-related crimes within that zone or perimeter are significantly enhanced.
The judge also noted a potential conflict over how marijuana is classified under state and federal law.
In June, lawmakers raced a bill through the state Legislature that would force school districts to adopt a policy allowing for medical marijuana use, authorizing parents, guardians or primary caregivers to administer medical marijuana in a non-smokable form in a location designated by the school.
The bill would limit use of medical marijuana in school for children with a developmental disability who are also on the state's medical-marijuana registry and protect school districts from liability.
However, Gov. Chris Christie has yet to sign the bill into law.
While New Jersey legalized marijuana use for certain medical conditions, including seizure disorders, cannabis is still classified as a Schedule I drug under federal law, which means the federal government considers it a dangerous substance with no medicinal value.
Earlier this year, the Compassionate Access, Research Expansion and Respect States Act, or CARERS Act was introduced. If enacted, the legislation would make it illegal for federal agencies to interfere with state laws permitting medical marijuana and would reclassify marijuana as a Schedule II drug.
The Barbours give their daughter four doses of cannabis oil each day, mixed in with some soda. School and district officials won't allow Genny to have her noon dose at school, so her family picks her up midday and takes her home for the day.
According to her parents, Genny used to get seizures every other day but went eight days without a seizure after she began getting the prescribed four doses. It also cut down on the aggressive behavior issues she had.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: SJ family loses medical-marijuana appeal
Author: Celeste E. Whittaker
Contact: cwhittaker@gannettnj.com
Photo Credit: John Ziomek
Website: Courier-Post | South Jersey local news, video, photos, entertainment, community information, and classifieds | courierpostonline.com
The family of Genny Barbour, 16, had appealed in state administrative court on June 25 before Administrative Law Judge John Kennedy.
Kennedy on Tuesday ruled in favor of the school district, upholding its argument that state law does not allow the administration of medical marijuana on school grounds. Barbour attends the Larc School in Bellmawr, although the family lives in Maple Shade.
Kennedy issued a similar ruling in January.
The family can file an appeal of the most recent ruling with the federal court in Camden or with the New Jersey Appellate Division in Trenton.
Genny is "just a little girl who needs medicine and has to come home still each day," said her father Roger Barbour, who is also an attorney representing the family. "I have never had a case go this long in 19 years and hundreds of administrative hearings."
In making his ruling, Kennedy cited the Drug Free School Zone Act, which sets a strict prohibition on drugs within 1,000 feet of a school. Penalties for drug-related crimes within that zone or perimeter are significantly enhanced.
The judge also noted a potential conflict over how marijuana is classified under state and federal law.
In June, lawmakers raced a bill through the state Legislature that would force school districts to adopt a policy allowing for medical marijuana use, authorizing parents, guardians or primary caregivers to administer medical marijuana in a non-smokable form in a location designated by the school.
The bill would limit use of medical marijuana in school for children with a developmental disability who are also on the state's medical-marijuana registry and protect school districts from liability.
However, Gov. Chris Christie has yet to sign the bill into law.
While New Jersey legalized marijuana use for certain medical conditions, including seizure disorders, cannabis is still classified as a Schedule I drug under federal law, which means the federal government considers it a dangerous substance with no medicinal value.
Earlier this year, the Compassionate Access, Research Expansion and Respect States Act, or CARERS Act was introduced. If enacted, the legislation would make it illegal for federal agencies to interfere with state laws permitting medical marijuana and would reclassify marijuana as a Schedule II drug.
The Barbours give their daughter four doses of cannabis oil each day, mixed in with some soda. School and district officials won't allow Genny to have her noon dose at school, so her family picks her up midday and takes her home for the day.
According to her parents, Genny used to get seizures every other day but went eight days without a seizure after she began getting the prescribed four doses. It also cut down on the aggressive behavior issues she had.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: SJ family loses medical-marijuana appeal
Author: Celeste E. Whittaker
Contact: cwhittaker@gannettnj.com
Photo Credit: John Ziomek
Website: Courier-Post | South Jersey local news, video, photos, entertainment, community information, and classifieds | courierpostonline.com
