Imagine watching your child have a tonic-clonic seizure for an hour, with no way to stop it, until an ambulance arrives and administers emergency medication. If you’re lucky enough not to be familiar with a tonic-clonic seizure, it’s when you slump over, potentially falling on the ground and injuring yourself, eyes rolled back, in the fetal position, hands clocked inward, foaming at the mouth, convulsing violently, biting your tongue until it bleeds, and urinating on yourself. It is nothing short of horrific, for both the child and the parent.

Brooke, age five, could legally use CDB and THC oil in California to combat her seizures, but couldn’t attend local public school for two reasons.

Is One Hour a Day of Homeschool Equal to a Day in Public School?

At issue in the lawsuit was whether the one hour per day of instruction the school district was offering Brooke at home constituted an offer of free appropriate public education in the least restrictive environment. Upon hearing all of the testimony from doctors, school administrators, and educational specialists, the administrative judge hearing the case said no, an hour at home wasn’t the least restrictive environment, and allowed Brooke to bring her CBD and THC oils with her to school, to be administered by the school nurse.

States Try to Maneuver Hazy Issues

California Senate Bill 1127 sits on Governor Brown’s desk, awaiting final signature. This bill would allow parents and guardians to administer medicinal marijuana on school grounds. California wouldn’t be setting precedent. Colorado, Maine, New Jersey and Washington state already allow some students to use medical marijuana at school. Though it would help in many cases where cannabis oil is given as medicine, it wouldn’t help people, like Brooke, that also need it to be administered by staff on an emergency basis. But Senate Bill 1127 is a step in Brooke’s direction, and as medicinal cannabis becomes more accepted by the American public, medical communities, and the federal government, states are going to have to address it.

Epilepsy currently affects 3.4 million people in America, and about one in 26 Americans will develop epilepsy at some point in their lives. Epilepsy is covered under the American Disability Act, giving epileptics protective rights both at work and at school. If you or someone you love is being discriminated against for epilepsy, or any medical issue, contact a local discrimination lawyer, who can help you understand your rights, and file any necessary legal paperwork to end any injustice.

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