Skip to main content

California Judge Allows Girl to Take Cannabis Medicine to School

By William Vogeler, Esq. on September 26, 2018 | Last updated on March 21, 2019

Brooke Adams is not the first kid to take cannabis to school.

But she is the first 5-year-old in California to get a court order allowing her to do it. Her parents said she needs her cannabis-infused medicine to control seizures.

They tried to get permission the mellow way -- working with school and state officials. But when that didn't work, they did it the hard way -- they sued.

"Appropriate Public Education"

In Parent on Behalf of Student v. Rincon Valley Union Elementary School District, lawyers presented their case in the Office of Administrative Hearings. The claimants said the school district denied their child a "free and appropriate public education."

District officials said they were worried about breaking the law. Federal laws list marijuana as a controlled substance, subjecting violators to criminal prosecution.

Judge Charles Marson said it didn't matter because the family acted within California's Compassionate Use Act and the 2003 Medical Marijuana Program Act. Those state laws allow caregivers to have medical marijuana with them on school grounds.

Jana Adams said the ruling was a "huge relief" and called cannabis a "miracle" in her child's life. "It's life, life-saving, life-changing," she told CNN.

"Life-Saving, Life-Changing"

According to reports, seven other states allow children access to medical cannabis at school.

In California, State Sen. Jerry Hill is pushing a bill that would permit schools to let parents or guardians administer such medications on campus. However, there is a lot of opposition from the schools.

Related Resources:

Copied to clipboard