Alexis Bortell is hardly the first child whose family moved to Colorado for access to medical marijuana.
She says having a drop of THC twice a day has kept her seizure-free for almost three years.
"I would like to be able to visit my grandparents without risking being taken to a foster home", she said, speaking of how she was now unable to return to Texas due to federal drug laws.
Another pediatrician suggested medical marijuana, an option only available to them if they left their home state.
Obama-era guidance that allows states to legalize marijuana without federal interference remains in effect, U.S. Attorney General Jeff Sessions said on Tuesday during a congressional hearing.
At the heart of the lawsuit is that while 29 states and three USA territories have cleared cannabis for medical use, the federal government still classifies it as a Schedule I drug under the Controlled Substance Act According to the Drug Enforcement Agency's schedule (created in 1971), it means cannabis has "high potential for abuse" and "no now accepted medical use in treatment in the United States". Let's go on and say that the marijuana treatment is better than opening up this little girl's brain.
"How is that rationale?"
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Twenty-nine states and the District of Columbia have legalized medical marijuana. "It's just outrageous", said Alexis' dad Dean Bortell. Alexis' New York City attorney Michael Hiller argues it should be legal nationwide.
"This lawsuit stands to benefit tens of millions of Americans who require, but are unable to safely obtain, Cannabis for the treatment of their illnesses, diseases and medical conditions", the suit states.
National restrictions on marijuana use have always been stupid and hypocritical. "Whenever you sue the government the deck is really stacked against you", said Foster.
Bortell's lawsuit added that if the case was won, it could help "the restoration of communities hardest hit and most egregiously stigmatized by the Federal Government's misguided and Crusades-like 'War on Drugs.'" In 2001, the American Civil Liberties Union published a report on the "War on Drugs" and shed light on the increased incarceration rate with "two million people fill [ing] the prisons and jails of the United States".
A reason for legalizing medical use of Marijuana is because she is not the only person in this country that could be treated this was.
Until now, the Justice Department hasn't commented on the lawsuit. Cannabis consumer and former National Football League player Marvin Washington even joined in on the fight for cannabis rights.
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