Medicinal Marijuana User Lost Child Custody for Using Marijuana

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(Newswire.net — April 21, 2015) —  A child was taken from his mother into protective custody, after he spoke in favor of marijuana at school, the school reported the case to police. Shona Banda, motivational speaker and a medicall marijuana advocate said she would not rest until she wins the custody back. Meanwhile, the boy goes through a horror of feeling guilty for what he believes he caused.

At the school presentation on drugs and alcohol abuse, Shona’s son said his mother and other adults regularly used drugs at his home, and that there are lots of drugs in his mother’s possession.  However, what he didn’t explain is that his mother is the author of a book “Live Free or Die: Reclaim your Life . . . Reclaim your Country!” that recounts her use of a concentrated cannabis oil to treat Crohn’s Disease, and that she frequently uses medicine marijuana.

According to Associated Press, Banda’s legal problems began March 24 when the police were called to her son’s school for a child welfare check. After questioning the boy, officers went to his home to investigate allegations.

Reportedly, Banda refused to allow officers to search the home, however, the police stayed at the scene and denied her entry to it until they could obtain a search warrant. After the search, the police found about 1¼ pounds of marijuana and a lab for manufacturing cannabis oil in the kitchen, AP reported. The police concluded the items were in the reach of her child so they called social services to take away Banda’s son. 

“The most important thing here is the child’s well-being,” Garden City Police Capt. Randy Ralston said. “That is why it is a priority for us, just because of the danger to the child.”

According to a police press release, the case of Shona Banda, 37, was forwarded Monday to the Finney County district attorney’s office for a decision about possible charges which include possession of marijuana with intent to distribute, possession of drug paraphernalia and child endangerment, all reasons for losing custody, however, no arrests have been made.

Following a hearing Monday in Finney County District Court, the divorced mother didn’t regain custody over her child, but she keeps fighting.

“That’s OK, I am not giving up,” Banda said. “I will, I will get him and I am not going to stop until I do.”

Authorities first took the child to his father, however when boy ended back with his mother again, the police placed him into protective custody.

The latest available figures show that the state of Kansas removed 306 children from their homes in less than a year, because of alleged drug abuse by a parent, which accounts for 11 percent of the child welfare removals in Kansas.