Kansas Mother Sues Over Son’s Removal

Last year, the internet buzzed about a Kansas mother whose son was forcibly removed from their home because he mentioned at school about how his mom uses medical cannabis. Now, his mother is suing the state, claiming that the removal of her son was unlawful.

According to Kansas.com, Shona Banda is filing a federal lawsuit claiming that the state deprived her of her ability to treat her Crohn’s Disease by denying her access to cannabis. She also claims that by questioning her 11-year-old son without his mother present, local authorities infringed on her rights as a parent.

Banda’s son was removed in March 2015, when he spoke up during a drug education class about how his mother uses cannabis. The police then raided her home because of his comments, and found cannabis oil and over a pound of flower cannabis. Banda does not deny her cannabis use, and claims that she medicates to treat her crippling condition, and is still a fit parent.

The state is holding their ground, claiming that because cannabis is considered an illegal and dangerous drug in their state, they are within their rights to remove a child if cannabis is found in the home.

“The court has final say regarding placement of children,” Theresa Freed of the Kansas Department of Children and Families told Kansas.com. “Marijuana is an illegal substance in the state of Kansas. It can have both direct and indirect detrimental consequences on families.”

Banda is currently acting as her own legal representation in the case, and has not yet specified the damages she is seeking. Banda claims that she educated her son on cannabis being a medication, and treated it like other medicine in the house, keeping it far out of his reach.

Of course, the absurdity of this case is highlighted by the fact that just across the state border in Colorado, parents can responsibly purchase medical and recreational cannabis with no repercussions at all. It is unclear what will happen in this pending case, but due to the national media attention it is getting, it seems evident that Banda will have a lot of support from advocates everywhere.