An Idaho mother has lost custody of her children after she gave her 3-year-old daughter a marijuana smoothie to treat her seizures as a "last resort."
Kelsey Osborne, 23, lost custody of her two children after her 3-year-old daughter tested positive for marijuana at her pediatrician's office.
According to KTVB, Osborne said that she gave her daughter a marijuana-infused smoothie as a "last resort" to help prevent seizures the girl was having.
Now, Osborne's two children, Madyson and Ryker, are living with their father and the mother is trying to get them back.
"I didn't ever think it would come down to this, but it did," Osborne told KTVB, "It tore me apart."
Osborne says that Madyson has had a history of seizures, but that one morning in the beginning of October, it was worse than it had ever been before.
"They would stop and come back, stop and come back, with the hallucinations and vomiting," she said.
The 3-year-old was also having withdrawals from Risperdal, which is normally used to treat schizophrenia and bipolar disorder. According to KTLA, it is not known why she was prescribed the medication.
The mother says that once she gave her daughter the marijuana smoothie, all of her symptoms went away within 30 minutes.
Osborne then took Madyson to see the doctor, which is when she tested positive for marijuana. The doctor's office called the Idaho Department of Health and Welfare.
Osborne has since been charged with misdemeanor injury to a child. She pleaded not guilty.
"To me it felt like it was my last resort," the mother said. "I've seen it [with] my own eyes with people out of state who have used it and it's helped them or their children."
Tom Shanahan of the Department of Health and Welfare says that he had to draw a line, however.
"Marijuana is illegal, period," he told KTVB.
Marijuana, medical nor recreational, has been legalized in Idaho. However, states that border Idaho, including Oregon, Montana, and Washington, have all legalized either medical or recreational marijuana.
"Even in states that have legalized it it's not legal to give it to children," Shanahan said. "The cannabis that is used for children with epilepsy is called cannabidiol oil and it has THC removed from it."
According to KTLA, Osborne was unable to get the oil with THC removed, so she used a marijuana-infused butter in the smoothie that she made herself.
Osborne's children are currently living with her ex-husband and she is allowed only supervised visitation.
"I won't stop [fighting to get them back]," Osborne said.