New law may protect Kansans who use THC CBD oil for medical treatment

Published: Jul. 1, 2019 at 10:58 AM CDT
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A new law goes into effect that may protect Kansans in possession of THC CBD oil for medical purposes.

According to HB 2244, if you have a debilitating condition, possess CBD oil with a small amount of THC, and have a note from your doctor, you now have an affirmative defense to any prosecution.

The bill, also known as "Claire and Lola's law," was passed in May.

The girls' parents, Gwen and Scott Hartley, lobbied for the bill. They said it could save Lola's life. The 13-year-old suffers from microcephaly, a medical condition in which a child's brain doesn't fully develop and the child has an abnormally small head for his or her age.

The condition claimed the life of Lola's older sister, Claire, who died at the age of 17 in December 2018.

The Hartley family says the CBD oil, which will contain a small amount of THC, would be used to help Lola with seizures which could improve her quality of life and even extend it.

Under the new law, no CBD oil containing THC can be bought, sold or manufactured in Kansas.

To date, no one has been charged in other states with similar laws.

With "Claire and Lola's law" now in effect, the Hartleys are hoping to see results for Lola.

"We no longer have to worry about a way to provide Lola with what she needs, to provide her with a better quality of life. It's a really good feeling," Gwen Hartley says.

The Hartleys can legally treat their daughter with CBD oil, but under the law, you need a note from your doctor to use it. Still, the Hartleys say the law's passage is a big win for other families, as well.

"I can think of 20 to 30 families that would benefit from this with medical conditions, and I'm just excited," Gwen says. "I have hope and excitement moving forward that this will make a humongous difference for so many families."

The Hartleys do say they have plans to try to make changes to improve the law that's gone into effect in Kansas. The hope in the future, it will have fewer restrictions for people who may benefit from higher amounts of THC.