Pubdate: Fri, 17 Jul 2015
Source: Garden City Telegram (KS)
Copyright: 2015 The Garden City Telegram
Contact:  http://www.gctelegram.com/
Details: http://www.mapinc.org/media/1476
Author: Austin Fisher

BANDA'S ATTORNEYS TO FILE FEDERAL LAWSUIT AGAINST KANSAS

Attorneys for Shona Banda, the Garden City woman who made national 
news after her arrest on drug allegations, plan to file a lawsuit 
against the state of Kansas in U.S. District Court for the District 
of Kansas alleging Banda's civil rights were violated.

Banda's attorney, Sarah Swain, and another attorney, Matthew Pappas, 
announced plans to file the suit at a July 3 press conference in Los Angeles.

When contacted Friday, Banda declined to comment about filing the lawsuit.

Banda is charged with endangering a child, unlawful manufacturing of 
a controlled substance, possession of marijuana with intent to 
distribute within 1,000 feet of a school, possession of paraphernalia 
to use controlled substances and possession of paraphernalia with 
intent to manufacture, plant or cultivate a controlled substance.

Banda's next court appearance is scheduled for 9 a.m. Aug. 24, before 
District Court Chief Judge Wendel Wurst. She could face up to 30 
years in prison if convicted.

In a Friday interview, Pappas said the case hinges on whether the 
state of Kansas and the Department for Children and Families violated 
Banda's right to have custody of her son when they took him into 
custody on April 16.

"There's a fundamental right in our country that if you're doing 
something that is to help a condition you suffer from, and that's the 
purpose of what you're doing, then it would be inappropriate, unless 
there is an extremely important interest and a narrowly-tailored 
law," Pappas said. "It would be necessary to have that situation 
before you would ever take a child out of somebody's custody."

The right of a parent to have custody of their child has been upheld 
as fundamental in prior case law, Pappas said, at various times since 
the Civil Rights Act of 1871.

Pappas will argue that Banda's case must balance in favor of her 
right to have custody of her son rather than the state's interest in 
protecting a child endangered by their parent because she is treating 
her Crohn's disease with a drug that is not as dangerous as 
methamphetamine, cocaine or cigarettes.

"In Kansas the issue comes down to whether or not there is a 
justification that the law prohibiting marijuana is narrowly tailored 
given the fact that she's using it to alleviate serious pain and 
symptoms related to Crohn's disease and not to get high," Pappas said.

Banda, a medicinal marijuana advocate, became a well-known local 
figure for her use of cannabis oil in treating Crohn's disease and 
authored a book on the subject titled, 'Live Free or Die.' She has 
also appeared in YouTube videos and in online articles on 
www.naturalnews.com, sharing her knowledge of and belief in the 
medicinal benefits of cannabis oil.

Last week, a criminal arrest affidavit against Banda was released to 
The Telegram that details what her 11-year-old son told investigators 
about drug use in their home.

According to authorities, the drug investigation and 
child-in-need-of-care case came about as a result of comments Banda's 
son made during a drug education program March 24 at his school, 
Bernadine Sitts Intermediate Center, that resulted in the Department 
of Children and Families and Garden City Police Department being contacted.

According to police, the boy said his mother and other adults in his 
residence were avid drug users and there was a lot of drug use 
occurring in his residence, which led police to suspect drugs were 
present in the home.

Officers and DCF officials went to Banda's home, 901 Conkling St., on 
March 24 after police say her son told his classmates, while learning 
about marijuana at school, that his mom smokes a lot of it.

Police say that since all of the items were within reach of the 
child, law enforcement and DCF officials decided the boy should be 
removed from the home.

The boy initially was placed in the custody of his father, who is 
separated from Banda, and then put into protective custody on April 16.

It is unknown at this time whether the boy remains in protective 
custody, due to District Magistrate Judge Richard Hodson placing a 
gag order on any and all proceedings in the child-in-need-of-care (CINC) case.

According to the affidavit, school officials became concerned that 
Banda's son knew too much information about marijuana for his age. 
Police interviewed the boy on March 24 about drug use in the home. 
Based on the interview, a search warrant was secured for Banda's home 
where marijuana and drug paraphernalia was located. Police met with 
the boy again on April 27 and according to the affidavit the boy 
additional details about drug use in the home.

On June 2, the Kansas Bureau of Investigations tested items obtained 
in the search of Banda's home, and they showed a presence of THC that 
resulted in her being arrested.

CORRECTION: A previous version of this story incorrectly reported the 
status of the civil case being prepared on behalf of Shona Banda 
against the state of Kansas and the Kansas Department for Children 
and Families. As of June 17, Banda's attorneys, Sarah Swain and 
Matthew Pappas, had prepared a petition they intend to file in the 
U.S. District Court for the District of Kansas. The petition had not 
yet been filed.
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