A mother in Kansas had been using medical marijuana to deal with Crohn’s disease. The woman’s name is Shona Banda. She had been using marijuana to treat the debilitating impact Crohn’s disease was having on her life.
Her son, age 11, was attending a school function dealing with the negative impact drug use can have on people’s lives. During the function, he told the speaker that both his mother and another adult at his home use drugs on a regular basis. The speaker called the local police. The police searched the woman’s home and found more than one pound of marijuana at the home.
An emergency proceeding was brought in the local town court and Banda lost custody of her son. The local child protective services agency was keeping the son in protective custody.
Medical Marijuana
There are currently 23 states in the United States and the District of Columbia which allow marijuana for medical purposes. Unfortunately for Banda the state she lived in, Kansas, is not one of those states. Banda has written a book called Live Free Or Die. The book talks about using marijuana to treat Crohn’s disease and how it had an affirmative impact on her life. In addition, she had made YouTube videos extolling the benefits of medical marijuana use.
Permanent Custody
An interesting aspect of this case is that Banda lives about a one hour drive from the State of Colorado. In Colorado marijuana is legal for both medical purposes and for recreational purposes. The one hour traveling difference and the difference in attitudes between Kansas and Colorado may cause Banda to lose permanent custody of her child!
Elliot S. Schlissel is an attorney who has been representing clients regarding custody issues for more than 45 years.