Northern Hospital refused to treat Cooper, the son of Cassie Batten and Rhett Wallace, with medicinal cannabis oil last week, despite having done so since April.
Cooper, 3, was taken to the Epping hospital on Monday night with a fever and other signs of viral infection.
But the Mernda parents discharged him after being told their cannabis would be confiscated and staff would no longer administer the drug.
Cooper has severe brain damage, epilepsy, cerebral palsy, cerebral abscesses and hydrocephalus.
Ms Batten was told Cooper was welcome to return to the hospital but he would not be treated with cannabis oil.
“We shouldn’t have to choose between his short-term illness and his ongoing illness,” Ms Batten said.
Cassie and Rhett hadn’t publicly spoken about Northern Hospital’s support for their use of the cannabis oil until the hospital’s backflip last week.
Cannabis oil is listed as a prohibited substance.
New laws allowing medical trials of cannabis were introduced into the Victorian Parliament on September 16, although Yan Yean MP Danielle Green said she feared the bill would lapse because there weren’t enough sitting days left to passed it.
Ms Batten said she had made weekly calls and sent emails to Health Minister David Davis’s office since June, pleading for his support.
She said she was yet to receive a response. But Mr Davis said on a commercial radio station last week that he had made contact with the family.
