Medicinal cannabis use: Mernda family remains in limbo

Mernda couple Cassie Batten and Rhett Wallace, who feared the state would take away their six children including a three-year-old son who has severe epilepsy and three-week-old baby, have been assured by Child Protection Services “there are no concerns regarding their son’s care”.

Ms Batten and Mr Wallace were brought in for questioning by police last month for administering their son Cooper, 3, medicinal cannabis to treat his epilepsy.

Last Tuesday, they faced child protection workers to explain why they were putting cannabis oil in their son’s milk.

Ms Batten said Child Protection Services had said that “at this stage” they did not have any immediate concerns.

“But we can’t relax yet, we’re still in limbo,” she said.

Department of Human Services spokeswoman Vanessa O’Shaughnessy, said Child Protection Services’ main aim was to keep families together as long as parents could provide for the safety and wellbeing of their children.

“As the parents have been open about their use of cannabis oil with their son, Child Protection Services is obligated to meet with them,” she said.

“There are no concerns regarding their son’s care.”

Ms Batten said another home visit would be scheduled in coming weeks. She said she was hopeful after the results of last week’s meeting.

“It’s been a huge relief,” she said.

A Labor win in November’s state election could provide further respite, with Opposition Leader Daniel Andrews at the weekend pledging to decriminalise cannabis for treatment of life-threatening illnesses.

Yan Yean MP Danielle Green, who met Cooper and his family, expressed her sympathy for the family “who have had remarkable results on what they credit to medical marijuana”.

“I feel compassion towards these families and I feel that [decriminalising medical marijuana] is something that should be looked at,” she said.

But the Health Department insisted relief provided by crude cannabis was “notional” and incongruent with the harmful effects of the drug.

“There are many alternative forms of pain relief available and well-known risks associated with the use of crude cannabis,” a department spokesman said.

Cooper’s parents said that within 15 minutes of his first dose of cannabis, he was tracking

objects with his eyes for the first time. “He was barely lifting his head. Now he’s crawling and saying mum and dad,” said Ms Batten, who is hoping to take action in the High Court in an attempt to decriminalise medical marijuana.

“If you’ve got a child in palliative care, you’re willing to try anything,” she said.

Australian Medical Association Victoria president Tony Bartone said while there was a growing body of evidence on cannabis as effective treatment for some types of pain, more research needed to be undertaken.

“AMA Victoria supports more research into the administration of medicinal cannabis, as smoking or ingesting a crude plant product is harmful,” Dr Bartone said.

“Regular inhalation of cannabis can increase the risk of lung damage.”