Kelsey Osborne's 3-year-old daughter has a history of seizures and was being treated for anger violence.
Last month, Idaho mom Kelsey Osborne was charged for giving her daughter a marijuana-infused smoothie to help stop her child's seizures. As a result, the mother of two had both her children taken away and has been fighting to get them back ever since.
"I didn't ever think it would come down to this, but it did," she told KTVB in an interview. "It tore me apart."
Osborne explained that her 3-year-old daughter has had a history of seizures, but one morning in October, her episode was worse than ever. "They would stop and come back, stop and come back with the hallucinations and everything else," she said.
At the time, the child was being treated for anger violence and was withdrawing from a medication called Risperdal. Unable to calm her daughter down, Osborne said she gave the child a smoothie with a tablespoon of marijuana-infused butter.
"Everything stopped 30 minutes later," she said.
Once her daughter had the chance to recover, Osborne took her to the doctor, where she tested positive for marijuana. The Idaho Department of Health and Welfare was called and Osborne was charged with misdemeanor injury to a child. Osborne has pleaded not guilty.
"To me, I felt like it was my last resort," she said. "I've seen it for my own eyes with people out of state who have used it, and it's helped them or their children."
Unfortunately, marijuana is illegal in the state of Idaho — for both recreational and medicinal use. And even though Osborne believes she did right by her daughter, the Department of Health and Welfare feels otherwise. "Marijuana is illegal, period," said Tom Shanahan from the DHW. "Even in states that have legalized it, it's not legal to give to children."
Shanahan goes on to explain that cannabis used to help children with epilepsy is a synthetic version — different from what is used recreationally. "It's a totally different substance, and I think people confuse that," he said. "The cannabis that is used for children with epilepsy is called cannabidiol oil, and it has had THC removed from it."
"[THC] can cause brain development issues with a child, so we view that as unsafe or illegal. We want children to be in a safe place."
Cannabidiol oil (CBD) is still illegal in Idaho, but there are FDA-approved programs in Boise that use CBD as an experimental treatment to treat children with severe epilepsy (under strict guidelines). In order to qualify, the families of the children have to show they've exhausted every other treatment plan available.
Osborne is still trying to get her children back, who are currently living with their father. "I'm not going to stop," she said. Meanwhile, she's created a Facebook page to help garner support.