Parents say state threatened to take their daughter after they treated her with legal CBD oil


Posted 6:00 AM, November 1, 2017, by Tanae Howard

A mother and father from southern Indiana want to tell their story after they say DCS threatened to take away their daughter because they chose to treat her seizures with cannabidiol oil or CBD instead of what the doctors at Riley Hospital for Children prescribed.

Twenty-month-old Jaelah Jerger suffers from myoclonic seizures. Some days her parents say she experiences up to 40 seizures. After little resolve her parents decided to use a legal cannabis extract to give Jaelah some relief. However, doctors at Riley prescribed a pharmaceutical the family didn’t want to use.

“Our daughter was medically kidnapped by the state of Indiana by them forcing us to give her that medicine Keppra otherwise they were going to take her away from us that is the direct term of medical kidnapping period,” said Jade Jerger, Jaelah’s father.

The Jerger family says Jaelah saw a 95% reduction in seizures with the CBD oil. But when doctors at Riley found out she wasn’t using the prescription, the family says the hospital alerted DCS, which then paid the family a visit and threatened to take Jaelah away after the hospital said the child was neglected and in danger.

“The worst week ever. It was terrifying just knowing that at any point in time they could show up and take our daughter without being valid and I didn’t find it valid and a lot of people in Indiana and across the world don’t find it valid,” said Lelah Jerger, Jaelah’s mother.

That’s when the family’s local state representative, Mark Messmer, R-Jasper, stepped in and called the governor’s office and DCS on the family’s behalf. Messmer says Riley overreacted and Indiana’s new CBD oil law for children with epilepsy needs to be clarified to avoid this confusion for another family. House Bill 1148 allows the use of cannabidiol for treatment resistant epilepsy.

“For them to react with threats of taking the child and really putting that family through an excruciatingly you know stressful period for a week or two was heavy handed and an overreaction and just not necessary,” Messmer said.

Even though the DCS case was eventually dropped, the family says they don’t want to see another family live through a similar situation.

“If you believe what you’re doing is right, then make sure that you’re doing it for the safety of that child and that’s all we were ever doing–making it safe for our daughter,” Jerger said.

Riley says they can’t comment on specific cases. The family is now having their daughter treated in Louisville. As for clarifying the law, Messmer says he hopes to address that in the next session.



FDA News Release FDA warns companies marketing unproven products, derived from marijuana, that claim to treat or cure cancer

For Immediate Release

November 1, 2017


As part of the U.S. Food and Drug Administration’s ongoing efforts to protect consumers from health fraud, the agency today issued warning letters to four companies illegally selling products online that claim to prevent, diagnose, treat, or cure cancer without evidence to support these outcomes. Selling these unapproved products with unsubstantiated therapeutic claims is not only a violation of the Federal Food, Drug and Cosmetic Act, but also can put patients at risk as these products have not been proven to be safe or effective. The deceptive marketing of unproven treatments may keep some patients from accessing appropriate, recognized therapies to treat serious and even fatal diseases.

The FDA has grown increasingly concerned at the proliferation of products claiming to treat or cure serious diseases like cancer. In this case, the illegally sold products allegedly contain cannabidiol (CBD), a component of the marijuana plant that is not FDA approved in any drug product for any indication. CBD is marketed in a variety of product types, such as oil drops, capsules, syrups, teas, and topical lotions and creams. The companies receiving warning letters distributed the products with unsubstantiated claims regarding preventing, reversing or curing cancer; killing/inhibiting cancer cells or tumors; or other similar anti-cancer claims. Some of the products were also marketed as an alternative or additional treatment for Alzheimer’s and other serious diseases.

“Substances that contain components of marijuana will be treated like any other products that make unproven claims to shrink cancer tumors. We don’t let companies market products that deliberately prey on sick people with baseless claims that their substance can shrink or cure cancer and we’re not going to look the other way on enforcing these principles when it comes to marijuana-containing products,” said FDA Commissioner Scott Gottlieb, M.D. “There are a growing number of effective therapies for many cancers. When people are allowed to illegally market agents that deliver no established benefit they may steer patients away from products that have proven, anti-tumor effects that could extend lives.”

The FDA issued warning letters to four companies – Greenroads Health, Natural Alchemist, That’s Natural! Marketing and Consulting, and Stanley Brothers Social Enterprises LLC – citing unsubstantiated claims related to more than 25 different products spanning multiple product webpages, online stores and social media websites. The companies used these online platforms to make unfounded claims about their products’ ability to limit, treat or cure cancer and other serious diseases. Examples of claims made by these companies include:

  • “Combats tumor and cancer cells;”
  • “CBD makes cancer cells commit ‘suicide’ without killing other cells;”
  • “CBD … [has] anti-proliferative properties that inhibit cell division and growth in certain types of cancer, not allowing the tumor to grow;” and
  • “Non-psychoactive cannabinoids like CBD (cannabidiol) may be effective in treating tumors from cancer – including breast cancer.”

Unlike drugs approved by the FDA, the manufacture of these products has not been subject to FDA review as part of the drug approval process and there has been no FDA evaluation of whether they work, what the proper dosage is, how they could interact with other drugs, or whether they have dangerous side effects or other safety concerns. The FDA has requested responses from the companies stating how the violations will be corrected. Failure to correct the violations promptly may result in legal action, including product seizure and injunction.

“We have an obligation to provide caregivers and patients with the confidence that drugs making cancer treatment claims have been carefully evaluated for safety, efficacy, and quality, and are monitored by the FDA once they’re on the market,” Commissioner Gottlieb added. “We recognize that there’s interest in developing therapies from marijuana and its components, but the safest way for this to occur is through the drug approval process – not through unsubstantiated claims made on a website. We support sound, scientifically-based research using components derived from marijuana, and we’ll continue to work with product developers who are interested in bringing safe, effective, and quality products to market.”

This latest action builds on the more than 90 warning letters issued in the past 10 years, including more than a dozen this year, to companies marketing hundreds of fraudulent products making cancer claims on websites, social media and in stores. Additionally, the FDA recently took decisive action to prevent the use of a potentially dangerous and unproven treatment used in ‘stem cell’ centers targeting vulnerable cancer patients. The FDA encourages health care professionals and consumers to report adverse reactions associated with these or similar products to the agency’s MedWatch program.

The FDA, an agency within the U.S. Department of Health and Human Services, promotes and protects the public health by, among other things, assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.



(KY) Hemp Program Now Taking Applications for 2018

Agriculture Commissioner Ryan Quarles announced today that the Kentucky Department of Agriculture (KDA) has opened the application period for Kentuckians wishing to participate in the state’s industrial hemp research pilot program for the 2018 growing season.

“I am proud to report that our program participants grew more than 3,200 acres of hemp this year, the most ever under the industrial hemp research program,” said Commissioner Quarles. “My vision is to expand and strengthen our research pilot program to put industrial hemp on a responsible path toward commercialization. Our increased production and processing is welcome news for the industry.”

Industrial hemp is one of several alternative crops, including hops and kenaf, that have made headway in Kentucky’s agricultural economy in recent years. In 2017, Kentucky’s farmers planted 3,200 acres of hemp, up from 2,350 acres in 2016, 922 acres in 2015, and 33 acres in 2014, the first year of the program. In addition to 194 grower participants, 48 hemp processors are conducting research as part of the KDA program.

Applications may be downloaded from the KDA website at Grower applications must be postmarked or received by November 15, 2017, at 4:30 p.m. EST.  Processor/Handler applications are preferred by November 15, 2017, with a final deadline of June 1, 2018.

Public Input on Draft Administrative Regulations

The KDA is also opening a public comment period for preliminary draft regulations governing the industrial hemp research pilot program. Earlier this year, the Kentucky General Assembly passed Senate Bill 218, tasking the KDA with promulgating administrative regulations for the program. Once the process is complete, program rules will be found in administrative regulations, as the law prescribes.

Department officials ask that interested members of the public submit their comments in writing by October 31 so that the agency can consider those comments prior to filing the regulations with the Legislative Research Commission later this year. The draft administrative regulations will be used as the policy to guide the program in 2018.

The draft regulations are available at Written comments may be submitted by mail to KDA Hemp Program, 111 Corporate Drive, Frankfort, KY 40601 or by email to with “Hemp Reg Comments” in the subject line.

KDA operates its industrial hemp research pilot program under the authority of state law (KRS 260.850-260.869) and a provision of the 2014 federal Farm Bill (7 U.S.C. § 5940) that authorizes state-managed hemp pilot programs.

Brent Burchett, Director

Division of Value-Added Plant Production

Office of Agricultural Marketing and Product Promotion

Kentucky Department of Agriculture

111 Corporate Drive Frankfort, KY 40601 | Office: 502-782-4120

Despite being told to stop, Indiana police continue to cite stores for carrying CBD oil
Earlier this year, authorities seized more than 3,000 products from about 60 stores across the state

Published: Oct 9, 2017, 9:27 am • Updated: 6 days ago Comments (3)

By The Associated Press

INDIANAPOLIS — Indiana Excise Police have continued citing retailers selling a cannabis extract after saying they’d stop confiscating the product.

The state’s Alcohol and Tobacco Commission announced the moratorium on cannabidiol confiscations Aug. 12, The Indianapolis Star reported. Records show that excise police have cited at least two stores for potential violations for selling the product.

Lawmakers passed legislation in April allowing certain patients with treatment-resistant epilepsy to use cannabidiol oil if it contains less than 0.3 percent of THC, the active ingredient of cannabis.

Excise police began cracking down on the product in May, believing the new law made the possession of cannabidiol for other purposes a crime. Authorities seized more than 3,000 products from about 60 stores across the state.

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Some lawmakers and the Indiana State Police say the substance was already legal under a 2014 law that removed industrial hemp products from the state’s controlled substance statute. State officials said confiscations would stop until the matter was examined legally.

The citations were issued in error and have been withdrawn, said Heather Lynch, an agency spokeswoman.

But store owners are hesitant to return cannabidiol products to their shelves.

“We definitely feel like at any time the rug could be pulled back from under us,” said Jeff Shelton, owner of Happy Daze Smoke Shop. “Until they come out and give a definitive answer, we’re definitely going to feel on edge and worried they could come in and take the products.”

Brandy Barrett’s 10-year-old son uses cannabidiol to treat his severe epilepsy. She said she’s concerned about the confusion over the state law.

“Obviously this goes to show there is a real issue going on in the state,” Barrett said.

Information from: The Indianapolis Star


(in) Legislature Considering Indiana’s First Medicinal Cannabis Laws

U.S. Marijuana Party Kentucky

Submitted by Marijuana News on Tue, 03/21/2017 – 08:30

This legislative session, a record 11 proposals addressed the use of cannabis. Most of them never got a hearing, but two are still moving through the legislature and could become Indiana’s first medical cannabis laws.

Indiana is one of six states that have not passed any form of medical cannabis legislation, including CBD.

CBD stands for cannabidiol, also known as “hemp oil.” It is a non-psychoactive cannabis, with low tetrahydrocannabinol, or THC – so it can’t get people high.

For the past seven years, senators have sought Dr. Trent Jones’ testimony on the topic. He spoke from California last January, via Skype.

“The longer you wait on these children with catastrophic seizures the more damage you do to their ability to develop,” says Jones. “This is the seventh time I’ve personally testified for it, for CBD and industrial hemp in general.”

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