Judge Says New Mexico School Didn’t Discriminate by Prohibiting Medical Marijuana Treatment on Campus
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 9, 2019, a judge dismissed the claims of parents who said a New Mexico public school discriminated against their epileptic daughter by prohibiting her from using medical marijuana on school grounds. The judge granted a motion to dismiss, stating that the parents did not adequately prove their claims.
The Argument of Administering Medical Marijuana on School Grounds.
According to the order, the girl suffers from life-threatening seizures as a result of Dravet syndrome, a rare and catastrophic form of epilepsy. The parents claim that giving her marijuana daily and at the onset of seizures has significantly reduced their frequency and length.
Additionally, the Department of Health designated the girl as a patient qualified for receiving medical marijuana from her mother under a state law known as the Lynn and Erin Compassionate Use Act.
However, they still ran into trouble because that law also prohibits the possession or use of cannabis on school grounds. (more…)