As we prepare for the move to Colorado for Ryne, I have to say that I am in awe of the support and kindness shown to us by our friends and family and their friends and families. I received so many texts, Facebook messages, and people coming up to me in person yesterday when the Alabama senate voted in favor of Carly’s Law. Most of them wanted me to know so that we could stay here, well, move back to Alabama, and treat Ryne’s seizures closer to family. This has actually been a popular sentiment when we discuss moving. People will ask us, “oh, but did you hear they’re going to get that in (insert state here)?” I am grateful for that response because it means that the person asking the question likes us and would like to keep us near to them (and we would love to stay). There are a lot of hurdles with the neighboring states’ proposed laws and I wanted to explain some of those to help paint a picture of why our move is necessary and critical. I’m going to lay out the proposed laws state-by-state below.
Alabama: “Carly’s Law” was passed by the state senate on March 11,2014 by a unanimous vote. The bill does not legalize medical cannabis. What it does, though, is give a justifiable defense to parents if they are charged with drug possession for having CBD Oil. The Bill was amended before it was passed in the senate to include a partnership with the University of Alabama at Birmingham to study treatment and to be the sole provider of CBD oil in the state “to individuals diagnosed with severe epilepsy and neurological disorders that lead to serious and life-threatening seizures.”
This is a great first step as it does open the door for future strides in providing help for those who need it. There are problems with it, as well. First, it troubles me as to how the state will define “individuals diagnosed with severe epilepsy and neurological disorders that lead to serious and life-threatening seizures.” Is there a chance that some children with seizures will be deemed not severe enough cases to get treatment? Also, this is a study that serves at the pleasure of the government. What happens if they decide that the study has run its course and they don’t see any reason to continue it. With only one entity in the entire state providing the treatment, it’s quit possible that demand will exceed supply even with those whose seizures are deemed severe enough for treatment. With Cannabis being a Schedule 1 controlled substance, it’s a federal crime to transport across state lines, so there is no way to get more than what they are able to grow. Once we start Ryne on this course of treatment, we need to be able to continue with no disruptions. The law still faces debate in the Alabama House of Representatives before it can become law. It’s a fantastic first step, but it’s not what we need right now.
Florida: HB 843 is very similar to Alabama’s law in that it gives a legal defense if charges are filed for possession, though research is allowed at several state state universities. Again, these are state funded studies. There is always the chance that the state could pull the funding, again stranding patients without treatment.
Georgia: HB 885 is similar to Alabama’s and Florida’s law as it was recently amended to allow the justifiable defense for possession. The bill actually is more restrictive on who is eligible to receive treatment through the Universities and research facilities as this bill is viewed more as a move to put infrastructure into place in the event that Federal restrictions are eased on medical cannabis. This Bill is still in committee in the state Senate.
Kentucky: The “Cannabis Compassion Act” has passed the state Senate, and it is believed it will pass the House as well. This Bill would create legalization for families participating in FDA-approved clinical trials through state research facilities. I have already laid out my worries with government funded trials. And the scope of the availability to those who need the drug is severely limited with this Bill. It does not go nearly far enough, in my opinion.
Mississippi: “Harper Grace’s Law” is intended to legalize low THC, high CBD oil for epilepsy treatment. It makes no allowance for the growing the plants or dispensaries for the oil. To me, this is akin to legalizing ownership of Unicorns. You can have one, but where are you going to get it from?
Tennessee: The “Koozer-Kuhn Medical Cannabis Act” is by far the most comprehensive proposed legislation in the southeast. The Act would create the Tennessee Safe Access program that would legalize medical cannabis for a strict set of diagnoses. It would set up state infrastructure to grow the cannabis as well as have dispensaries where patients can obtain it. We would LOVE to be able to stay here and be able to get Ryne the treatment that he needs. A planned vote on March 10th by the House Health Committee was rolled over a week to give Bill author Bernie Ellis a chance to write an amendment to allow all forms of Medical Cannabis except for smoke-able. There is still an uphill battle to be fought here as to date the Bill has zero Republican support. The Republicans control both the House and the Senate, so without their support, this bill will not be able to be passed.
We would love to stay close to home and be able to treat our child as we see fit, but other than the Tennessee Bill that seems unlikely to pass (though we are still praying and hoping!), none of these Bills create an environment that is conducive to his treatment. When we start, we need to be able to continue to treat. Researchers are also finding that levels of THC and CBD may need to be adjusted in order to treat seizures. There needs to be freedom to experiment in order to find the maximum effect for Ryne. Colorado already has infrastructure set up and is ready to go. I hope this answers some of the questions you may have about the proposed local laws. I apologize if some of my information is dated as the debate and language of these laws is changing daily.
It’s fantastic that there is now conversation and that states are opening doors for medical cannabis. Unfortunately, it’s just not moving fast enough for Ryne. We have to go. He needs this treatment as soon as possible, and once he starts, we need it to not stop.