JJ is a 7-year-old Caucasian male who lives with his biological mother in the state of California. JJ has been hyperactive and aggressive for most of his life. He acknowledges hearing voices telling him to kill his mother and he says he has bad thoughts. He has been diagnosed with post-traumatic stress disorder, bipolar disorder and impulse control disorder. During the course of the past 4 years he has seen 16 physicians who have prescribed over 19 medications such as ritalin, dexedrine, adderall, depakote, imipramine, clonidine, thioridazine, guanfacine, tegretol, etc.  As a result, he has been over medicated numerous times to the point of slobbering, slurring his words and being unable to walk.  He has been hospitalized three times at a psychiatric hospital and has been asked to leave eight preschools. His mother has pursued all forms of medical help from medications to behavior modification.  She has tried spanking/not spanking, a “holding” technique that made her son even more violent, single medications, multiple medications, constantly increased dosages, and numerous care treatment options. His mother has on several occasions questioned the wisdom of all the medications and has worked with his various physicians to remove JJ from the ineffective medications as it became evident that none of these medications were helping. His mother believed that many of JJ’s symptoms may have resulted from the side effects of the medications and not the underlying behavior. The physicians at the psychiatric hospital believed that JJ appeared to be better when the medications were stopped and when he was placed in a strictly structured environment.

            In May of 2001, it appeared that JJ was going to be put through yet another round of medication routines. It was then that his mother came across the use of medical marijuana in her continuing research.  She knew nothing about the medical use of marijuana and did not support the current movement in California. However, after extensive research it became clear that this could be something that might help her son. JJ’s mother discussed this option openly with case workers, team members and several physicians. JJ’s pediatrician advised his mother to consult with another pediatrician in the area who had more expertise in the use of medical marijuana. After this pediatrician saw JJ and discussed the possible risks and benefits of medical marijuana with his mother, it was decided to start JJ on it as of May 21, 2001. On May 23, 2001, JJ’s mother notified his medical team that JJ was no longer on any psychotropic medications and had begun treatment with medical marijuana addressed under Proposition 215 or the Compassionate Use Act of 1996. [One purpose of this Act is: “to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.”]  JJ is being monitored by a pediatrician who adjusts the dosage to his body. Currently, JJ takes the marijuana in a muffin--½ muffin in the A.M. and ½ muffin in P.M. The muffins have one cup of dry leaves pulverized down to a  cup which makes 24 muffins.           

            Presently, JJ is experiencing very positive results. According to JJ’s social worker and teachers, his behavior has taken a dramatic turn. His demeanor is now very polite and he is enthusiastic to interact with staff and students. The most noticeable behavior change is his ability to use words during frustrating situations in class. Now, when he becomes frustrated in academics he explains what the problem is and he is no longer afraid to get help from the staff. He has also become more willing to help others functioning at a lower academic level. His mother acknowledges that it is too early to say what the long-term effects of the medical marijuana will be for him. However, if he reaches a point where it does not appear to be helping him, his mother has stated that she will discontinue this medication. JJ is proud of the positive strides he is making with school and friends. Plus, he is now living at home and loves being back in this environment. It is clear that JJ’s mother has his best interest at heart.

            When county officials heard that JJ’s mother was allowing him to use medical marijuana they immediately stepped-in and tried to remove JJ from his mother’s care. JJ’s mother sought legal assistance and as a result she was able to keep custody of JJ. However, the question remains: do parents have the right to allow their children to use medical marijuana and do physicians have the responsibility to prescribe it in such situations?