HUNTINGBURG, IN (WAVE) – An Indiana family at the center of the debate over legalizing cannabidiol, or CBD oil, is now suing Child Protective Services for investigating them after they treated their daughter with the oil.
Lelah Jerger takes care of her daughter, Jaelah, who suffers from myoclonic seizures.
Cannabidiol, commonly referred to as CBD oil, is derived from marijuana and hemp, but lacks the stuff that will get you high, according to the Associated Press.
Jerger said hospital staff called Child Protective Services on the family for treating Jaelah with CBD oil (cannabidiol) for her seizures.
Indiana passed a law last year allowing restricted use of CBD oil, but only for people with a severe form of epilepsy.
Other medications have made her daughter sick, but the oil does not, Jerger said. Jaelah has had no side effects to the oil and it cannot get her high.
Jerger said Indiana Child Protective Services violated their rights when they demanded blood samples from Jaelah to prove she was taking a medication containing CBD oil to treat her seizures.
Jerger said CPS also stipulated to them that Jaelah be treated at Norton instead of other medical treatment facilities.
On Monday, the Indiana Senate voted 35-13 to allow cannabidiol oil to be sold without restriction, following an unexpected crackdown on CBD sales and widespread confusion over whether the product was actually legal, according to AP.
Lawmakers passed the use of CBD oil last year, but the Indiana Attorney General has said it's illegal still. A number of bills to legalize CBD oil with a low percentage of THC are working their way through the state legislature this session.