Indiana family investigated by CPS for using CBD oil is fighting back.

jaelah
Little Jaelah playing in the mud. Photo from the Justice for Jaelah facebook page.

Meet little Jaelah Jerger a 20 month old little girl with myoclonic seizures with up to 40 seizure events per day. It was suggested that Jaelah take Keppra an anti seizure medication by a doctor at Riley Hospital for Children at Indiana University Health.

Jaelah parents were worried about the potential side effects of Keppra that include drowsiness, dizziness, unusual tiredness or weakness. Not wanting their daughter to suffer with the side effects of the pharmaceutical medication.  The Jerger family found a chiropractic neurologist in Evansville, Indiana that was willing to prescribe cannabidiol (CBD) to control little Jaelah myoclonic seizures. This worked with great success by going from 40 seizures per day to becoming completely seizure free with the use of CBD.

 

The problem. The Jerger family was reported to child protective services by a staff member at Riley Hospital. Their reason? They said that the Jerger family was not treating their daughters medical condition. Guess they missed the fact Jaelah was seizure free on CBD.

What happened after the report was “CPS arrived at the Jergers’ house in Huntingburg on Sept. 20, formally asking the parents to agree to keep Jaelah on Keppra, to take her for weekly blood tests to confirm she was taking Keppra and to only see a specified physician, Lelah said.” (IndyStar) To make this situation worse CPS also told the Jerger family that they could only send their daughter to a specific hospital and not letting them even decide who their daughter can see for medical care. Since this overreach by the Indiana CPS the Jerger family is now able to see a neurologist at the University of Louisville who is monitoring the use of CBD oil for Jaelah Jerger. She is no longer using Keppra.

Lelah Jerger says that Indianan CPS violated the family’s rights when they sought blood samples from their daughter to prove she was taking Keppra and not a medication containing CBD.  (WTHR)

If you are interested in helping the family with their fight check out their gofundme page at https://www.gofundme.com/jaelahs-attorney-fees and don’t forget to check out the Justice of Jaelah Facebook page.

As always,

Spread Cannabis Knowledge!
FibroMan

Referenced

https://www.indystar.com/story/news/politics/2017/10/31/cbd-oil-reduced-toddlers-seizures-still-state-threatened-take-away-child-mother-says/755232001/

https://www.wthr.com/article/family-sues-state-agency-over-investigation-of-their-use-of-cbd-oil

Advertisements

CBD Soon to be Schedule 1

This morning I woke up and found out as many of you did that the DEA and DOJ are working to make Cannabidiol (CBD) and all other non-psychoactive (meaning there is no high) cannabiniods illegal as Heroin and LSD by the “Establishment of a New Drug Code for Marihuana Extracts.” This has an effective date as 01/13/2017.

Hold on one second. Let’s remind everyone what the definition of a Schedule 1 drug is as defined by the DEA, “Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse.” Can someone explain how the non-psychoactive cannabiniods have a high potential for abuse? As far as no medical value the DEA has their head under a rock if they don’t see the seizure stopping power of CBD as medicine.

This is going to be all encompassing as the DEA and DOJ have defined “Marihana Extracts” as, “Meaning ab extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis.” (Establishment of a New Drug Code for Marihuana Extracts P1).” This means it will include all extracts from Hemp as hemp’s genus is  Cannabis Sativa L with a modern definition of a Cannabis plant with with a “THC content of hemp at 0.3%. Any cannabis with higher THC levels is considered marijuana instead.” (Leaf Science) Basically Hemp is a Low THC Strain of cannabis that is grown close together to produce tall plants that stocks are used to produce the fiber hemp and has always has been cannabis.

Should also point out a key point in this announcement. The ruling is for all plant derived cannabinoids. It does not mention anything about synthetic cannabinoids or synthetic CBD. It is also interesting that one of the commenters on this announcement listed is ” a pharmaceutical firm currently involved in cannabinoid research and product development praised the DEA’s efforts to establish a new drug code for marihuana extracts…”  This make me think that this un-named pharmaceutical firm is making a synthetic CBD to release giving legality to the pharmaceutical industry for synthetic CBD just like they have already done with synthetic THC also called Marinol and this synthetic THC approved by FDA and not listed as a scheduled 1. (FDA)

Robert Hoban, a Colorado cannabis attorney and adjunct professor of law at the University of Denver, raised the notion that the rule itself may not be lawful. “This action is beyond the DEA’s authority,” Hoban told Leafly in an interview late this afternoon. “The DEA can only carry out the law, they cannot create it. Here they’re purporting to create an entirely new category called ‘marijuana extracts,’ and by doing so wrest control over all cannabinoids. They want to call all cannabinoids illegal. But they don’t have the authority to do that.” (Leafly: New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal)

Docket No. DEA-342 Establishment of a New Drug Code for Marihuana Extract lists for further information  contact:
Michael J. Lewis, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone (202) 598-6812.

Maybe Mister Lewis could shed some light on this backwards ruling the DEA is making.

Spread Cannabis Knowledge!
FibroMan

Sources:

Establishment of a New Drug Code for Marihuana Extract
https://www.federalregister.gov/documents/2016/12/14/2016-29941/establishment-of-a-new-drug-code-for-marihuana-extract

New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal
https://www.leafly.com/news/politics/new-dea-rule-says-cbd-oil-really-truly-no-joke-illegal

Schedule I Drug Definition
https://www.dea.gov/druginfo/ds.shtml

MARINOL® synthetic delta-9-
tetrahydrocannabinol (delta-9-THC)

http://www.fda.gov/ohrms/dockets/dockets/05n0479/05N-0479-emc0004-04.pdf