Pubdate: Tue, 27 Dec 2016
Source: Garden City Telegram (KS)
Copyright: 2016 The Garden City Telegram
Contact:  http://www.gctelegram.com/
Details: http://www.mapinc.org/media/1476
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

BANDA FEDERAL LAWSUIT DISMISSED

A federal judge on Tuesday dismissed a lawsuit filed by a Garden City
woman against the state and several agencies after her son was removed
from her home in March 2015 when he told school officials she used
marijuana.

Shona Banda alleged in the lawsuit filed in March that the defendants
denied her civil rights by refusing to allow her to use medical marijuana
to treat her Crohn's disease, interfered with her parenting and questioned
her son without her permission. Medical marijuana is not legal in Kansas.

U.S. District Judge J. Thomas Marten dismissed the lawsuit Tuesday in
federal court in Wichita, agreeing with the defendants' contention that
Banda had no right to use marijuana and that the agencies she sued had
some immunity.

Banda filed a lawsuit in March in federal court in Wichita that named the
Garden City Police Department, Garden City USD 457, the State of Kansas,
the governor and the DCF, among others, alleging that her rights to use
cannabis for medicinal purposes and to maintain custody of her son had
been violated.

Banda is charged with endangering a child, distribution or possession with
intent to distribute a controlled substance within 1,000 feet of school
property, unlawful manufacture of a controlled substance and possession of
drug paraphernalia.

The charges stem from an investigation by the Department of Children and
Families and Garden City police in which authorities searched Banda's home
in March 2015 and seized suspected marijuana and drug paraphernalia.

The DCF and police intervened after Banda's then 11-year-old son made
comments during a drug education program at his school.

According to police, the boy said his mother and other adults in the home
were avid drug users and that there was a lot of drug use in his home.
After the investigation, the state removed Banda's son from her custody.

Banda has become well-known for her use of cannabis oil in treating her
Crohn's disease and authored a book on the subject titled, "Live Free or
Die." She also has appeared in YouTube videos and in online articles,
touting her belief in the medicinal benefits of cannabis oil. The story of
her son's removal from her home in 2015 sparked national and international
attention and calls to decriminalize medical marijuana use in Kansas.

Banda waived her preliminary hearing in November 2015.

In July, the Finney County Attorney's Office filed a motion asking Chief
District Judge Wendel Wurst to rule whether Banda should be allowed to
tout the benefits of medicinal marijuana use as part of her defense. Wurst
has yet to make a ruling on the motion.

In late November in Garden City, Judge Wurst granted a defense motion
requesting that a mental competency evaluation be performed on Banda to
determine if she is competent to stand trial.

Banda appeared in Finney County District Court with her attorney, Ron
Evans, who filed the motion for a competency evaluation.

Prior to granting the motion, Judge Wurst asked Banda whether she was
agreeable to the evaluation, and she said she was.

Banda is tentatively scheduled to be evaluated on Jan. 5 at Compass
Behavioral Health. Wurst scheduled a hearing for 11 a.m. Jan. 17 to review
the findings of the evaluation.
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