A Minnesota mother facing two misdemeanor charges for giving her son medical cannabis oil is making progress in her legal battle.
Brown, of Madison, Minnesota, was facing charges of child endangerment and contributing to the need for child protection after she administered medical cannabis oil to her 15 year-old son. Threatened with jail time, she sought the aid of defense attorney Michael Hughes and today they celebrated a bittersweet victory as the more serious charge of child endangerment was dismissed by a district judge.
Following a traumatic brain injury, Brown’s teenage son, Trey, suffered from chronic headaches, pain and muscle spasms that caused him to be frustrated and upset all the time on top of the suffering. Brown sought the use of medical cannabis oil as a treatment after hearing of the success medical marijuana patients were having.
The district judge who made the ruling agreed with Hughes that using cannabis oil for the treatment of her son’s medical condition did not fit within the limits of what the law considers a “sale” of cannabis, and therefore the charges of child endangerment were dropped. Hughes successfully argued that the statute Brown was being charged under was intended to protect children from being exposed to serious, controlled substances, and did not apply to medical cannabis.
However, the remaining charge against Brown for contributing to the need for child protection was not dismissed, and will be brought before a jury. The defense plans to emphasize the fact that medical cannabis will be legal in Minnesota later this year. Brown’s lawyers plan to call doctors to testify on her behalf, lending support to her assertion that her decision to use medical cannabis did not endanger her son.
According to Hughes, it would be ideal for the prosecution to drop the second charge altogether in light of the district judge’s ruling. This would spare the family the potential trauma of a trial, which brings the worrying possibility that Brown’s son may be called to testify. The family is concerned that this would be emotionally damaging to the teen. Despite this, the prosecution has indicated that it intends to move forward with the case on the grounds that medical cannabis contains tetrahydrocannabinol (THC). THC is the most commonly known psychoactive cannabinoid in marijuana, and is listed as a controlled substance in the state of Minnesota.
Brown’s case has attracted many supporters across the region, including state legislators, and Hughes is hopeful that the matter will be resolved soon, for the well-being of the family.
photo credit: Facebook