Georgia couple loses custody after giving seizing son marijuana

A Georgia couple who gave their son marijuana to help treat his seizures lost custody of the child and now face jail time.

Matthew and Suzeanna Brill lost custody of their 15-year-old son, David, in April when someone alerted authorities and the boy tested positive for marijuana. They were charged with reckless conduct and spent six days in jail.

The couple told CBS News that David went from having 10 seizures per day to being seizure-free for 71 days after he began smoking the drug. The Brills said “it was a miracle for him” and that he had never gone that long without suffering a seizure.

Although marijuana is legal for medical use in 29 states and Washington, D.C. – and legal for recreational use in nine states and the District – Georgia has strict laws concerning the drug. Physicians are not permitted to prescribe it for medical use and it is illegal to sell or possess. Georgia law allows people with a state-issued medical card to possess low THC oil made from the psychoactive compound in marijuana.

More: Marijuana legalization laws by state

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Marijuana legalization laws by state

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Alabama: Medical use only, otherwise possession is a felony

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Alaska: Marijuana legalized for medical and recreational use 

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Arizona: Marijuana legalized for medical use

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Arkansas: Medical use only

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California: Legal for medical and recreational use

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Colorado: Legal for medical and recreational use  

(REUTERS/Rick Wilking)

Connecticut: Decriminalized and legalized for medical use 

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Delaware: Decriminalized

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Florida: Medical use only

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Georgia: Medical use only

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Hawaii: Medical use only

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Idaho: Not legal

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Illinois: Decriminalized

(Photo: VisionsofAmerica/Joe Sohm)

Indiana: Not legal

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Iowa: Medical use only

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Kansas: Not legal

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Kentucky: Not legal

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Louisiana: Medical use only

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Maine: Legal for medical and recreational use

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Maryland: Decriminalized

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Massachusetts: Legal

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Michigan: Medical use only

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Minnesota: Decriminalized

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Mississippi: Decriminalized on first offense

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Missouri: Not legal

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Montana: Medical use only

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Nebraska: Decriminalized on first offense only

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Nevada: Legal

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New Hampshire: Medical use only

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New Jersey: Medical use only

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New Mexico: Medical use only

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New York: Decriminalized unless in public view

(REUTERS/Shannon Stapleton)

North Carolina: Decriminalized

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North Dakota: Medical use only

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Ohio: Decriminalized

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Oklahoma: Medical use only

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Oregon: Legal for medical and recreational use

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Pennsylvania: Medical use only

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Rhode Island: Decriminalized

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South Carolina: Not legal

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South Dakota: Not legal

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Tennessee: Medical use only

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Texas: Medical use only, decriminalized in Houston and Dallas

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Utah: Not legal 

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Vermont: Decriminalized

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Virginia: Not legal

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Washington: Legal for medical and recreational use

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West Virginia: Medical use only

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Wisconsin: Medical use only

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Wyoming: Not legal 

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However, Suzeanna told CBS there is a six-year waiting list to get a medical card, and they felt they needed to do something now. So, they illegally purchased marijuana and Matthew smoked it first to make sure it was safe before giving it to David.

The authorities were first notified of the situation when someone told Georgia Division of Family and Children Services about the situation. David was removed from his parent’s custody on April 20, suffered a seizure and had to be rushed to the hospital, CBS reported. He is now living in a group home about 60 miles from his parents.

The Georgia Division of Family and Children Services said it working with the Brills “so the family can be restored as quickly as possible.” Criminal defense attorney Rachel Kugel told CBS the parents are “in hot water with regard to child protective services” and are facing real criminal charges.

The Brills say they understand the law and acknowledge that they broke it, but they insist they were just trying to help their son and don’t see themselves as criminals.

“I’m a father that did what it took to make sure my son was OK,” Matthew said.

Copyright 2017 U.S. News & World Report

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