In the end, she accepted a plea deal in 2017 and moved to Washington, where she completed a year of ‘mail-in probation.’ She subsequently filed a lawsuit against the state of Kansas and several agencies regarding the removal of her son from her care. However, a federal judge dismissed the unfortunate woman’s case.
Claire & Lola’s Law
The Shona Banda case generated a lot of publicity in 2015. She has Crohn’s disease and used MMJ to treat it. Law enforcement arrested her, and Banda faced five felony counts. Child Protective Services also took her son away and sent him to live with her ex-husband. Banda faced up to 30 years in prison.
What Are the Marijuana Laws in Kansas?
HB2167 permitted the growth of industrial hemp in line with the 2018 Farm Bill. It was great news for farmers who finally had the opportunity to cash in on the popularity of CBD. While hemp has many excellent uses, the vast majority of cultivation relates to the cannabidiol industry.
“I’m pleased to sign Claire and Lola’s bill into law today,” Kelly said Monday in a written statement. “This is the first step in addressing the health needs of many Kansans, but we still have a long way to go. I’m hopeful the legislature will review this issue comprehensively next session.”
Republican Rep. Susan Humphries, of Wichita, told The Topeka Capital-Journal earlier this year that the dosages are administered in drops, and a single bottle of the oil could last for weeks.
“This is a substance that you really can’t abuse in the way we’re thinking, in that if you drink the CBD oil you’re going to be so sick,” Humphries said.
Besides offering a defense against prosecution in state and city courts, the law also bars agencies from removing children from the homes of parents for possessing or using the oils for medical treatment.
TOPEKA, Kan. (AP) — Kansas Gov. Laura Kelly has signed into law a bill that would allow profoundly ill people who have been unable to find relief with pharmaceutical medications to avoid prosecution for possessing certain blends of oil extracted from cannabis plants.
“Claire and Lola’s Law” was pushed by Gwen and Scott Hartley, whose 12-year-old daughter, Lola, suffers from microcephaly, a medical condition in which a child’s brain doesn’t fully develop. The condition has already claimed the life of Lola’s older sister, Claire, who died in December 2018 at the age of 17.
Supporters say CBD treats pain, relieves anxiety, helps users to sleep and keeps them focused.
“You could drink a gallon of the oil in order to get enough THC to get high. You’d be so sick to your stomach and still not be high,” said Ware, the senator who owns CBD shops.
She ultimately referred questions on THC’s legal status in CBD products to the attorney general.
Some retailers argue those products became legal on July 1 because of tweaks to state regulation of cannabis-related substances in a bill supporting the state’s fledgling industrial hemp program.
But do bottles of CBD with small amounts of THC (up to 0.3%, a definition related to federal law) that some vendors now consider fair game even get anyone high?
“We are currently reviewing the issue, but don’t have specific guidance to offer at this time,” she wrote.
“Our intent [was to allow] the growth of industrial hemp and the production of CBD oil,” she continued, “but that all products must meet whatever legal requirement[s] that were already in place.”
Mallory Loflin, a psychiatry professor at the University of California-San Diego who researches medical cannabis and CBD, had a different take. For some people, a bottle would do it.
How we got here
Multiple people who work in the CBD industry said sales of CBD with THC in it are now common across Kansas. The Kansans News Service easily found it for purchase within state lines.