Judge dismisses suit filed by Garden City mom who used medical pot

A federal judge has dismissed a lawsuit filed by a Garden City woman against the state and several agencies after her son was removed from her home in March 2015 when he told school officials she used marijuana.

Shona Banda alleged in the lawsuit filed in March that the defendants denied her civil rights by refusing to allow her to use medical marijuana to treat her Crohn’s disease, interfered with her parenting and questioned her son without her permission. Medical marijuana is not legal in Kansas.

U.S. District Judge J. Thomas Marten dismissed the lawsuit Tuesday, agreeing with the defendants’ contention that Banda had no right to use marijuana and that the agencies she sued had some immunity.

Banda said she intends to pursue the case after she recovers from a recent surgery.

Banda is a marijuana advocate and author of “Live Free or Die: Reclaim Your Life … Reclaim Your Country.” The book recounts her use of cannabis oil to treat Crohn’s disease, an inflammatory bowel disease that can lead to life-threatening complications.

The story of her son’s removal from her home in 2015 sparked national and international attention and calls to decriminalize medical marijuana use in Kansas.

Her 11-year-old son was removed from her custody after he made comments about her using cannabis during a drug education program at his Garden City school. A subsequent search of her property by Garden City police yielded 1.25 pounds of marijuana, cannabis oil and other drug-related items.

This story was originally published December 27, 2016 at 4:34 PM with the headline "Judge dismisses suit filed by Garden City mom who used medical pot."