Roger and Lora Barbour were told by Administrative Law Judge John S. Kennedy on Sept. 15 that they cannot treat their 16-year-old daughter Genny's epilepsy with cannabis oil (medical marijuana) at Larc School in Bellmawr, New Jersey.
Kennedy ruled that state laws banning drug use in school zones and federal laws against marijuana outweigh the parents wishes, reports NJ.com
"There are no doctor's reports from (Genny Barbour's) treating physician that would establish that her lunchtime dose of marijuana is medically necessary," Kennedy noted in his written decision.
The Barbours told NJ.com in June that a doctor prescribed the medical marijuana, which Genny takes four times every day (video below). They lamented that Genny is allowed to use Valium and Oxycontin (both can be addictive) at school, but not cannabis oil.
Genny has only been going to school for half-days since April so that she can go home and be treated with the cannabis oil, which is mixed with soda.
Her parents originally wanted a nurse at the school to administer the medical marijuana, but the school refused, and Kennedy sided with the school twice.
However, Kennedy's previous ruing in August stated that Lora "has the ability to assert an affirmative defense against charges of possession or distribution of medical marijuana ... even on school grounds."
Kennedy denied that "defense" on Sept. 15.
Roger, who is a lawyer, plans to appeal this third ruling.
The New Jersey Compassionate Use Medical Marijuana Act, which was signed into law in 2010, does cover people with epilepsy who suffer seizures, according to NJSpotlight.com.
The law doesn't specifically mention students using cannabis oil on school campuses, so state lawmakers passed a bill over the summer that would force schools to come up with rules for students with developmental disabilities to use medical marijuana on school grounds.
The bill is still waiting to be signed, or vetoed, by Republican Gov. Chris Christie of New Jersey.