The parents of 15-year-old David Brill spent almost a week in jail. Their son was taken away for nine weeks. All because they opted to treat David’s epilepsy with marijuana—in violation of Georgia law—when pharmaceuticals failed.
Now that they’ve had their custody restored, the family is considering leaving the state and moving somewhere more friendly to the therapeutic use of cannabis, Matthew and Suzanne Brill told Marijuana Moment in an interview.
But they’re not abandoning their efforts to promote cannabis reform in Georgia, where smokeable marijuana for medical purposes remains illegal.
“We’re not turning backs on the people in need just because there’s a possibility that we’ll leave with our son so that he can be treated now,” Matthew Brill said. “We’re not going to give up the fight.”
“We’re going to push for legalization in the state of Georgia. It has to happen.”
The Brill family’s situation captured national interest after David was put into protective custody in March. His parents were charged with “reckless conduct” over their decision to treat David’s seizures with cannabis, and they were put in jail for six days. They were able to speak with their son only on a limited basis, during phone calls and short visitations.
David told Marijuana Moment that he was “upset” when he was removed from his parents. He’s feeling better now, but emphasized that he’s now required to treat his condition with the same pharmaceuticals that “almost killed me back in December.”
He also said that, while in protective custody, his health problems were ignored when he reported he “wasn’t feeling well,” and that staff members allowed people to “jump me” during his stay. One staff member threatened physical violence against David while he was experiencing a seizure, Suzanne said.
Suzanne also said that her son was separated from his service dog when he was placed in protective custody. The police department placed the dog “in the pound” because authorities claimed “she was not a real seizure dog,” she said.
— Warriors for David: 71 days of childhood (@Warriors4David) June 23, 2018
At a press conference on May 31, Twiggs County Sheriff Darren Mitchum said that the department acted in David’s best interest by removing him from his parents, arguing that “somebody’s gotta stand up for the child’s welfare.”
Just now, Georgia sheriff defends removing teenager from parent’s custody because they let him smoke marijuana — WHICH HELPED HIS SEIZURES:
“Somebody’s gotta stand up for the child’s welfare.”
Oh, OK… pic.twitter.com/iqalDY62id
— Tom Angell 🌳📰 (@tomangell) May 31, 2018
But earlier this week, a glimmer of hope: a judge granted a protective order that allowed David to return home under conditions agreed upon by both the Brills and Georgia’s Division of Family and Children Services. Suzanne said she was confident that the criminal case against them will ultimately be dropped.
It’s a bittersweet situation, though. Starting in February, when David started using cannabis to treat his epilepsy with cannabis, he went 71 days without a seizure. Without the plant, the seizures have returned.
By contrast, Suzanne said that within a week of marijuana treatment, David was able to “talk properly,” he was no longer “stumbling over himself” and “every day he was getting better.”
“Within the first week, there was no more of the behavioral problems. My son went 71 days without a single seizure.”
David said that the cannabis enabled him to be a normal 15-year-old. Asked what he’d tell Georgia lawmakers who don’t believe that marijuana is medicine, he said simply: “It worked for me.”
His mother responded to the question more bluntly.
“My message to Georgia lawmakers is get your heads out of your asses. This is something that not only people can use to keep their anxiety low—because everybody on the face of the planet suffers from anxiety—but this is also something that can help so many kids. Get your heads out of your asses and make it legal.”
Regardless of how the family’s case pans out, one thing is clear. Criminalizing medical marijuana, even in a state as deep red as Georgia, remains unpopular among voters. And David’s case—evoking the interest of a national audience and the ACLU, which filed an amicus brief defending the family—has served as a testament to that sentiment.
As Suzanne told Atlantic Georgia News earlier this week, this case exemplifies “how the war on drugs breaks up families.”
Photo courtesy of Warriors for David.
Santa Cruz Will Consider Decriminalizing Psychedelics This Week
Santa Cruz, California could be the latest in a wave of cities to decriminalize psychedelics, with a City Council hearing on the proposal scheduled for Tuesday.
The city vice mayor, Justin Cummings, recently introduced the resolution, which would make possession, use and cultivation of entheogenic substances such as psilocybin mushrooms and ayahuasca the city’s lowest law enforcement priority.
“Plants and fungi with psychedelic properties have been used for thousands of years by indigenous communities for spiritual and medical practices and many are considered illegal in our country,” Cummings told Marijuana Moment in an email. “As we begin to better understand the health benefits of these plants and fungi, we need to not treat the people who use and research these plants and fungi as criminals, and lower barriers for research, clinical treatment, and personal.”
“Santa Cruz has a number of organizations that conduct research on use of psychedelics to improve mental health and we as a community want to support these efforts,” he added.
The full City Council will hear a presentation from the advocacy group Decriminalize Santa Cruz and discuss the resolution on Tuesday. After that point, the measure will be referred to the Public Safety Commission for further consideration.
Text of the resolution emphasizes the medical potential of psychedelics and the ritualistic consumption of the substances throughout history.
If approved, that would mean the City Council “supports the possession, use, and/or cultivation of entheogenic psychoactive plants and fungi for personal adult use and clinical research and psychoactive practices, and declares that the investigation and arrest of individuals involved with the adult possession, use, or cultivation of entheogenic psychoactive plants and fungi listed on the federal schedule one list for personal use be among the lowest priorities for the city of Santa Cruz.”
The measure recommends that the use of psychedelics for medical or spiritual purposes “be done in consultation with, and under the supervision of trained/medical professionals.”
Additionally, it calls on the city manager to order Santa Cruz’s state and federal lobbyists to “work in support of decriminalizing all entheogenic psychoactive plants, and plant and fungi-based compounds listed in the Federal Controlled Substances Act.”
Psychedelics reform is moving ahead in jurisdictions throughout the U.S., with Denver becoming the first city to decriminalize so-called magic mushrooms in May. Oakland’s City Council followed suit, unanimously approving a resolution that expanding the decriminalization to a wide range of entheogenic substances.
Advocates are also working to advance decriminalization in Portland, Chicago, Berkeley and Dallas.
Meanwhile, California activists are pushing two separate statewide psychedelics initiatives: one that would decriminalize psilocybin across the board and another more recently filed measure that calls for broad legalization and commercial sales. Oregon activists are collecting signatures for a 2020 proposal that would legalize psilocybin for therapeutic purposes.
On the federal level, Rep. Alexandria Ocasio-Cortez (D-NY) voiced support for decriminalizing psychedelics and promoting research into the substances in a video statement delivered at a Drug Policy Alliance conference last week.
Read text of the Santa Cruz psychedelic resolution below:
Sanders, Warren And Buttigieg Include Medical Marijuana In Veterans Day Plans
To commemorate Veterans Day, a number of presidential candidates are releasing plans focused on helping those who served the country in the military—and at least three major contenders are including marijuana-specific planks in their proposals.
Sen. Bernie Sanders (I-VT), for example, wants to ensure that doctors at the Department of Veterans Affairs (VA) “have the option of appropriately prescribing medical marijuana to their patients.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Barbara Lee Honors Veterans Day With Call To Action On Marijuana Reform
Rep. Barbara Lee (D-CA) marked Veterans Day by promoting a bill she introduced that would effectively legalize medical marijuana for military veterans.
In a press release and email blast for the national advocacy group NORML, the congresswoman discussed the need to expand access to cannabis for those who’ve served, stating that studies demonstrate the plant can treat symptoms of conditions that commonly afflict veterans such as post-traumatic stress disorder.
Lee said that as the daughter of a veteran, the issue is particularly important for her.
“Congress must do more to ensure every veteran has a roof over their head, to ensure our veterans come home to a job that pays them a living wage, and to ensure our veterans have access to the health care services they deserve,” she said in the press release. “That includes improving veterans’ access to medical marijuana.”
“That’s why I introduced H.R. 1151, the Veterans Medical Marijuana Safe Harbor Act, to empower veterans and their doctors to make informed decisions about the use of medical marijuana without political interference,” she said. “The current federal prohibition on cannabis is harmful and counterproductive. Politicians should never stand between our veterans and their health care.”
The Veterans Medical Marijuana Safe Harbor Act was introduced in February, and the House version currently has three cosponsors, including Rep. Matt Gaetz (R-FL). The Senate companion version was filed by Sen. Brian Schatz (D-HI) and has two cosponsors, Sens. Tim Kaine (D-VA) and Bernie Sanders (I-VT), who signed on last week.
In her email for NORML on Monday, Lee said that cannabis prohibition has disproportionately impacted communities of color, but the policy also “falls hard upon is our nation’s veterans.”
The congresswoman noted that medical cannabis is widely used by veterans, yet doctors at the U.S. Department of Veterans Affairs (VA) aren’t allowed to fill out recommendations, even in states where it’s legal. That would change under her legislation, she said.
Politicians should never stand between our veterans and their health care. That's why I introduced the Veterans Medical Marijuana Safe Harbor Act to empower veterans and their doctors to make informed decisions about the use of medical marijuana without political interference.
— Barbara Lee (@BLeeForCongress) November 11, 2019
“This year, we can and must succeed in passing this essential legislation and protecting the rights of veterans to access medical treatment and serving those who served us,” she wrote, linking to a page where people can send a letter in support of her bill to their own representatives.
“Prohibiting VA doctors from recommending cannabis to qualifying patients, while continuing to rely on pharmaceuticals drugs like opioids as a treatment, is both a dangerous and illogical policy,” she said. “We know medical marijuana can be an effective and safe treatment for veterans and it is time to stop making them seek private, out-of-network physicians to access it.”
“I sponsored the Veterans Medical Marijuana Safe Harbor Act because I know it will create an immediate positive impact on the lives of our veterans. Once enacted, veterans will be able to access medical marijuana treatment without the added challenge of accessing a private, non-VA physician. Together, we can gather enough support to pass this legislation, but it will only happen if enough Americans stand up and demand it. Please tell your member of Congress to support the Veterans Medical Marijuana Safe Harbor Act.”
VA under the Trump administration has resisted marijuana reform legislation, with officials from the department testifying in a committee hearing in April that it opposed several proposals, including one that would require VA to conduct research into the medical benefits of cannabis for veterans.
Former VA Secretary David Shulkin, whose department also declined to take action on veterans cannabis issues, recently said that he’s in favor of increasing research into the plant’s therapeutic potential and blamed staff for misinforming him about what VA was capable of doing to that end while he was in office.
Lee, who serves as co-chair of the Congressional Cannabis Caucus, also discussed cannabis reform in a video statement that was broadcast at a Drug Policy Alliance conference in St. Louis on Saturday. She didn’t address veterans issues specifically but rather spoke about broader reform efforts to federally legalize marijuana.
“We all know that the federal prohibition on marijuana has led to the overcriminalization and mass incarceration, especially in black and brown communities,” she told activists in the taped message. “That is why we need to ensure that as the cannabis movement marches forward, it does so hand-in-hand with efforts to address these racial inequities head on.”
“I think we’re at a pivotal moment for the cannabis movement. There is so much excitement for the progress we’ve made and for where we are pushing to go,” the congresswoman said. “If we do this right—by ensuring that we address the legacy of the failed war on drugs and center our work in restorative justice—there is no stopping us.
“I wish you success for your conference and the work ahead,” she said. “Stay woke.”
Photo courtesy of Rep. Barbara Lee.