Parents in New Jersey will be allowed to give their sick and disabled children edible medical marijuana at school without putting themselves or educators at risk of arrest under a bill that Gov. Chris Christie signed into law Monday.
TRENTON -- Parents in New Jersey will be allowed to give their sick and disabled children edible medical marijuana at school without putting themselves or educators at risk of arrest under a bill Gov. Chris Christie signed into law Monday.
The bill (A4587) was inspired by the plight of 16-year-old Genny Barbour from Maple Shade, who is diagnosed autism and severe epilepsy, and whose school district has refused to allow her mother's homemade cannabis oil on school property because officials fear they will be breaking the law. Marijuana possession remains a federal crime, despite the state medical marijuana law.
In what appears to be the first court challenge in the nation over cannabis use in school, her father, Roger Barbour, who is also an attorney, has appealed a judge's decision denying access to edible marijuana at the Larc School in Bellmawr.
The law will require school boards to adopt a policy that permits parents, guardians and primary caregivers to bring edible cannabis on a school bus or to school property to administer to the child. A child must be diagnosed with a developmental disability, and be a registered patient with the state medicinal marijuana program.
Roger Barbour said he and his wife were "caught off guard" and are "guardedly happy" about the law's enactment. He said he would be calling the school and the school district Tuesday to find out what happens next.
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"The ultimate goal was to keep Genny in school the whole day. Now it is clear Lora can come on campus to give her the medicine, and they have to come up with a policy" to allow that, Barbour said.
Since April, Genny Barbour has attended only half-days at school in order for her to be home at lunchtime so she may receive her the cannabis oil her mother Lora makes for her. She receives four doses a day at the recommendation of her doctor. The frequency and intensity of her seizures has decreased from several a day to one every five or so days, according to her parents. Her communication skills have improved and she is less aggressive, they have said.
Patrick Madden, attorney for the Maple Shade School district, could not be reached for comment.
The legislation swept through both houses of the legislature in June in a week, just as the Barbours were awaiting a decision from an administrative law judge on whether the Larc School would be compelled to allow the liquid marijuana oil. The judge sided with the school and school district in September, refusing to allow Lora Barbour, Genny's mother, to enter the school building to administer the dose.
The family's story, first reported by NJ Advance Media in May, has received national attention, including a spot on the daytime show, The View.
Sen. Nicholas Scutari, (D-Union), one of the bill's sponsors, said he was happy the governor agreed with honorable intentions of the legislation, which had wide public support. School boards will have to begin adopting policy to comply with the law, he said.
"It was an issue we thought was important, and the governor recognized its importance and the narrow scope of it," Scutari said. "It was the right thing to do."
Asembly Majority Leader Lou Greenwald (D-Camden), also a sponsor, said he is grateful the governor, who signed the bill without making any public comments, saw the need for this law. He is hopeful school districts comply promptly.
"If you are on a school board I would hope you are there to represent the children. If you are really looking after the best interest of the child, these are children with severe disabilities, and a medicine that is helping them to reach their maximum potential," Greenwald said.
Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio. Find NJ.com Politics on Facebook.