Education

Judge Stones Parents’ Plea To Administer Medical Marijuana To Teen During School

Font Size:

In a total downer of a court ruling, an administrative law judge in New Jersey ruled this week that a 16-year-old girl cannot use medical marijuana in school to manage her severe epilepsy.

Using marijuana while at school would — at least for now — violate a straightforward state law banning drug use in and around schools, the judge found, according to NJ Advance Media.

The girl at the center of the lawsuit is Genny Barbour. Her parents, Roger and Lora Barbour, sued to compel the nurse at Genny’s school to administer cannabis oil to their daughter.

The cannabis oil is homemade by Lora Barbour.

Genny attends the Larc School, which serves students with disabilities in and around Maple Shade, the slightly blue-collar suburb of Philadelphia where the Barbours live.

Roger Barbour, an attorney, argued in court that his daughter’s cannabis oil should be classified just like any other prescription medication.

Judge John S. Kennedy didn’t buy it.

School employees “are mandated to comply with the Drug Free School Zone Act,” Kennedy wrote.

Kennedy’s ruling was not all bad news for the Barbour family, however.

Because Lora Barbour is the teenager’s registered caregiver under New Jersey’s medical marijuana program, she “has the ability to assert an affirmative defense against charges of possession or distribution of medical marijuana” to the girl “even on school grounds,” Kennedy ruled.

Roger Barbour said the family plans to use this loophole and see how school officials react.

“We are going to try to go to school to give Genny her medicine,” the father-lawyer told NJ Advance Media. “If they say no, Lora will come bearing the judge’s decision and will insist on it.”

Genny Barbour’s epilepsy causes her to suffer frequent and dangerous seizures. She has also been diagnosed as autistic. Her parents are using medical marijuana as a remedy of last resort.

For the medical marijuana treatment, the teen sips cannabis oil-laden cola three times each day: in the morning, after school and before bed.

The results of the marijuana treatment have been positive. Genny is having fewer seizures.

When she does have seizures, it’s typically in the afternoon now. Thus, her doctor has recommended that she add a dose of cannabis oil in the afternoon — during school hours.

For their part, the defendants in the lawsuit have argued that the school nurse would be breaking the law if Genny uses medical marijuana at school. Also, federal law very clearly continues to make marijuana possession a crime.

A compromise to allow Genny’s mother to administer the cannabis-laced soda just off campus has been scuttled because the Barbour family is concerned that the commotion would upset their epileptic, autistic daughter. Also, the busy streets around the Larc School are not ideal for walking.

New Jersey lawmakers have been sympathetic to the Barbour family’s plight. The legislature has passed a law which would allow Genny and anyone similarly situated to consume medical marijuana on school premises provided by a registered caregiver (not a school nurse). The bill awaits Gov. Chris Christie’s signature.

With or without the new law, however, federal law remains an obstacle.

Roger Barbour has already indicated that he will appeal the administrative court decision in federal court.

The Barbours’ in-school medical marijuana case appears to be the first of its kind in the United States.

Follow Eric on TwitterLike Eric on Facebook. Send education-related story tips to erico@dailycaller.com.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel