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Judge Rules Kindergartner Can Bring Cannabis Oil To School

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[dropcap class=”kp-dropcap”]A[/dropcap] state administrative law judge ruled last week that a Santa Rosa School District kindergartner can continue to attend school with her medical cannabis.

The ruling was made by Judge Charles Marson Marson of the state office of Administrative Hearings’ Special Education Division, which has jurisdiction over disagreements between school districts and parents of children with disabilities.  The district had previously barred her and her cannabis medication from school grounds and the bus, stating the presence violated state and federal laws of marijuana on school grounds.

“I was so overwhelmed with emotion and joy that we don’t have to fight anymore after a battle of over two years,” said Adams. “I’m grateful that we had this ruling so she can just go to school like any other child and we don’t have to keep pushing to get what she needs.”

Adams said that her daughter had progressed in her time at Village Elementary and was relieved she could continue. “I kind of explained . . . but I’m not sure she understands not being able to go to school,” he said. “If she had to stay home, I’m sure she would have felt the difference there. Now she’ll be able to stay where she’s at and continue going with her cannabis at public school, where she should be.”

“It’s always an uphill battle to convince the government to allow for medical marijuana use in sensitive areas,” said Adam’s attorney, Joe Rogaway. “The ruling is profound and the judge found it so incredibly important for children like Brooke. Hopefully it provides opportunities for not just her, but other families in the same situation who desperately want to be able to go to school and socialize with children in their peer group.”

Under the previous, temporary order, Brooke Adams had been attending since August, accompanies by a nurse who administers the THC-containing cannabis oil. Brooke still had three seizures during that time, but the treatment helped the avoid a call for emergency help since it shortened convulsions.

The school district said at this time they were not planning a legal challenge at this time and were glad to have legal clarity brought to the issue.

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