CBD could cause problems with Child Protective Services, because of what some call a loophole in our state law. CBD has garnered immense popularity in recent times, but is it safe to give to your children? Find out the legality and safety of CBD for minors.
Children and CBD: What parents should know first
CBD could cause problems with Child Protective Services, because of what some call a loophole in our state law.
SOUTHERN COLORADO — Cannabidiol, otherwise known as CBD, is a derived from the hemp plant and is now one of the most common cannabis products used to treat a variety of medical conditions, ranging from epilepsy to autism.
As parents seek out this treatment for their children, they could run into problems with state Child Protective Services due to a perceived loophole in Colorado law.
News5 spoke with staff at the El Paso County Department of Human Services, who say calls regarding child CBD usage do not make up a large percentage of their workload. A local cannabis group for medical patients, the Canna-Patient Resource Connection says otherwise, claiming they’ve seen a spike in the number of parents coming forward asking why DHS would question their child’s CBD usage.
News5 spoke with several families and their experiences with CBD and problems with authorities who watch out for the well-being of children.
In Colorado, CBD products are legally allowed to contain .03% of THC (Tetrahydrocannabinol), which is the part of the cannabis plant that gets a person high. The Canna-Patient Resource Connection says that small amount of THC can build up over time, possibly leading to a positive result for marijuana use on a drug test. With the rapid spread of CBD products across the country, not regulated by the US Food and Drug Administration, it is difficult to know the exact amounts of THC in the products.
“By definition, you are always giving your child THC and that’s the loophole that CPS uses. It’s not necessarily that you’re giving CBD, it’s that you are technically always giving the child THC, and that’s illegal under state law unless you are in the registry,” said Bridget Seritt, the co-founder of the Canna-Patient Resource Connection.
Seritt says it is common for cases regarding CBD to be dropped by DHS quickly. She wants to remind parents it would be wise to take steps to secure a medical marijuana card for their child before using CBD products recommended by a doctor.
Marijuana is still considered a Schedule I drug under federal law and illegal for children to use without the proper documentation secured. On the other hand, CBD is derived from hemp, which is no longer considered a controlled substance because of the Farm Bill.
News5 visited Grow Life Medical Dispensary in Colorado Springs which does sell CBD products containing THC. Manager Chris Spurlock says people should expect some THC in almost every CBD product. “However, there are some out there that definitely claim to have zero levels of THC or incredibly low levels. Those you can only trust to a certain extent,” Spurlock says.
Grow Life only sells to to customers who have a medical marijuana card or caregivers of a cardholder. “I know that a lot of these doctors are incredibly careful about giving any kind of recommendation to anybody who’s under 18 at all,” Spurlock says.
Ginger Harless told us she did not realize sat first she needed a medical marijuana card for her son to use CBD products. Her family turned to CBD for treatment after multiple pharmaceutical attempts to treat her son’s autism, bipolar disorder, and ADHD failed.
“I actually asked his pediatrician at first, you know, I’ve read up on this, what do you think? And the pediatrician gave me the information to go see a medical marijuana doctor,” Harless says. Harless told News5 they started using CBD in 2018 and introduced THC into the mix in 2019. She said in October of 2019, DHS was knocking on her door. “Without that credential to have, without that recommendation, and without that card, I could serve jail time,” Harless says.
Harless says she now has a medical marijuana license for her teenage son, but is still upset about being reported to DHS. “For them to then turn me over, to add more to my plate with DHS and police officers, sometimes the days feel absolutely unmanageable,” Harless says.
State law requires ‘mandatory reporters’ to report any suspicions of child abuse or neglect. Mandatory reporters include medical professionals, social workers, firefighters, and police officers. (Click here for a full list)
At the El Paso County Department of Human Services, officials are checking to make sure the child is safe, the substance is stored properly, and there’s a sober caregiver in the house, according to April Jenkins, the Children, Youth, and Family Services Intake Manager.
“When we get a report that there is an allegation that a child may be consuming CBD, if there is no information in that report that this is prescribed or even any medical marijuana is prescribed to that child, that does raise our level of concern. We won’t just go out if we have information that it’s being used properly. So, if a referral comes in and it is clear that it’s being used properly and for the right reasons, and there’s a prescription in place, there may not be a reason for us to respond. But we are responding when there are concerns in that report that alleges that it may be misused,” Jenkins says.
Jenkins says the reporting system used by her department does not classify their calls with specific drug categories. She shared with us data showing the offices received more than 16,000 referrals, assessed a little more than a third of those contacts, and found roughly 1,800 being substantiated for child abuse and neglect.
The Wann Family
News5 spoke to other families who have been reported to CPS in the past for giving their children CBD. One of those families lives in Douglas County, and gives their epileptic son CBD for his seizures. However, they said once they told their school district about the CBD, they were reported to DHS.
Ben Wann has been getting seizures since he was three years old. His mother, Amber Wann, said when they put him on anti-epileptic drugs they noticed some side-effects. “He just had rages and fits and everything like that. And it seemed very painful, it seemed like he was in pain emotionally and we didn’t know how to help him,” said Amber Wann.
With their doctor’s approval, Amber said they started weaning Ben off of the pharmaceuticals, and he went nine months without a seizure. But then, they came back. “They were lasting four minutes long, and five minutes is typically when brain damage sets in for most children, so it seemed pretty dire that we get something for him,” said Amber.
So the family turned to CBD, and Amber said now, Ben has not had a seizure for four years. “It made me relax more,” said Ben Wann.
Amber Wann said she emailed the school to let them know about the changes to Ben’s medication. Soon after she sent the email, she said they were reported to DHS. “We went ahead and just told them that we were giving him Charlotte’s Web and that his doctor knows about it, and that we’re not doing anything wrong,” said Amber Wann.
Amber Wann said the case was dropped pretty quickly, but the family is still fighting the school district. The Wann’s want the district to allow medicinal marijuana to be stored on school campuses, and for the school nurses to be able to administer it. Currently, the Wann’s said only parents or caregivers could administer medical marijuana to a student while on campus. While Ben only takes CBD normally, the Wann’s have a nasal spray that contains THC, which is to be used in case of an emergency to help Ben come out of a seizure.
News5 reached out to the Douglas County School District, which provided this statement: “A complaint has been filed with a State regulatory agency against DCSD regarding this matter. As a result, we are unable to provide anything further at this time.” The district did also point us to their board policies and related documents, which we have attached below.
Still, Amber Wann said she does want to ensure other families are aware of the best way to protect themselves while using CBD for children. “It wouldn’t just hurt to just take the steps to get that medical card and be protected all the way around in case you were questioned,” said Amber Wann.
Amber Wann also pointed to the Rohrabacher-Farr Amendment, which defunds the Department of Justice from coming after people who use or handle medical marijuana.
The Jerger Family
A different side of this story about CBD and children comes from outside of Colorado. The Jerger family now lives in Colorado Springs, after moving from Indiana because they said the Department of Child Services there harassed them for having their young epileptic daughter use CBD.
Lelah Jerger said her daughter, Jaelah, was diagnosed with epilepsy when she was a little more than one year old. Jerger said in 2017, CBD was legal in Indiana for certain medical conditions, but not Jaelah’s specific form of epilepsy. “It was on the fence. It wasn’t legal, but it wasn’t illegal,” said Jerger.
Jerger said their family was reported by the hospital they used for Jaelah at the time. She said DCS was concerned the family was not giving Jaelah her prescribed pharmaceuticals. “She hands us this paper, and this paper says that we are to take Jaelah to the hospital to get lab work done every single week because we have to prove to CPS she’s on Keppra,” said Jerger. Jerger said the Keppra was negatively affecting her daughter.
By October, Jerger said they were told the case looking into their family had been dropped. However, Jerger said caseworkers continued to show up at their home. The Jergers said they filed a lawsuit against DCS at the start of 2018. “That began the crapshoot that was going to be our life from then on. We were investigated by CPS every 30 days,” said Jerger.
Jerger said she felt as though nothing would change in Indiana, and had seen dramatic improvements in her daughter’s seizures since using the CBD. So the family left, and moved to Colorado Springs, where she said they have not once been contacted by the El Paso County Department of Human Services. “They ruined our life in Indiana. They completely destroyed every sense of security that we had, they destroyed every sense of family, I mean everything. But I knew that if we did not get our kids out of there, we would have lost them,” said Jerger.
The Jergers said they will continue their case against DCS in Indiana for as long as it takes, because they believe their rights were violated.
News5 reached out to those with Indiana DCS, who said they cannot comment on pending legislation. The Jerger case can be found on the ACLU’s website.
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Is CBD Legal for Minors? A Comprehensive Guide for Parents
CBD is everywhere in today’s world. It is on your run-of-the-mill shop shelves and in all kinds of processed foods. So, you might be wondering does that mean I can give my kid this popular product? The answer depends on various rules and regulations.
The 2018 US Farm Bill brought complexity about CBD for many people. A lot of people thought that this bill legalized the consumption of CBD, whereas different states have to opt for it voluntarily. That is why it is still considered illegal in many states.
The Farm Bill did a little something we all can get behind as it removed hemp from laws that prohibit its use. Let’s see what it means for kids, as many people always have one question on the tip of their tongue, “is CBD legal for minors?“
By the end of this article, you will know whether you want to buy a CBD box full of beneficial products or keep your kid away from it.
Is CBD Legal for Children?
If you are uncertain about the laws pertaining to CBD about minors, it is important to know that they are the same as adults. There is no federal age requirement, so refer back and look at your state’s cannabis legislation regarding this subject to establish its legality.
You will surely find a way to legally give your child the medical treatment that he needs with CBD. If you want more information on where in each state, check out this website: National Cannabis Industry Association.
For some kids, CBD oil may be the perfect solution. But to find out if it will work for your child and their specific issue, we recommend speaking with a pediatrician first!
Can You Buy CBD at 18?
In states where cannabis is legal, many people purchase CBD products at the dispensary. To buy these items, you need to be 21 years old or older, and most dispensaries will not allow anyone under this age inside their premises without an adult supervising them.
However, age restrictions on CBD vary by state. In some places, you can buy it as long as you are 18. For example, marijuana dispensaries offer weed delivery in Guelph, Ontario to homes if you are 19 years old or older. But most online stores will require verification, and 21 years of age in dispensaries are standard practice.
The Concerns Arounds CBD Legality for Minors
The wrong belief that CBD is legal to administer can put parents in a dangerous position with Child Protective Services. This was reinforced by the industry and now parents have no idea what they are doing or how risky this could possibly be for their child.
The only way to ensure that your child is free from THC and other side effects would be by purchasing the product with nothing but CBD. However, there is not anything like pure CBD because they somewhat contain traces of THC.
CBD isolates are a popular form of CBD, but they only offer small traces of THC. A company that wanted to sponsor a brand sent their samples out with a 0% THC report with an accuracy rate near-perfectly zero. However, when the brand tested the sample, they found 0.00006+ of THC in it.
States & CBD Laws for Minors
Parents should always be careful when giving their children THC. The default for parents who give their kids marijuana outside this regulated system is an illegal activity, subjecting them to investigation and charges.
Cannabis has been in the news lately, and it is not just because of its legalization. Federal Schedule I status means that this drug is still considered to have no medical uses, despite research proving otherwise.
States are allowed some autonomy in legalizing the drug, but there’s no guarantee that they’ll be protected from repercussions by CPS.
The legalization of hemp for both medical and adult use has been spreading in recent years. Many states have decriminalized small amounts, allowing parents who choose to give their children CBD oil from this plant the ability to do so without fear.
However, these programs come with strict restrictions and cause a problem if not followed adherently.
When it comes to child custody, the state law you are complying with may not be enough. You need protection from both federal intervention and possible repercussions on your case in order for things to go smoothly without any issues.
The Responsibility of Parents & Professionals
Mandatory reporting laws are a set of federal, state, and local regulations that all professionals in healthcare, school, and providers must follow. These range from physicians to teachers – anyone with access or authority over children is subject to these rules – which can cause problems.
Some groups, like the childcare providers and schools in this example, are subject to federal oversight. They have legal obligations which they must follow if they want funding or licensing from agencies.
For ethical CBD users, it is essential to educate yourself on the legal and safety aspects of using this product in minors. If you are considering giving your child cannabis-based medicine or hemp oil for any condition at all, make sure that by state law where they live as well as local municipality guidelines are met.
However, recent studies show promising results about how this plant extract can positively benefit minors’ health problems such as chronic stress disorders, insomnia, and others.
The CBD Administration Methods for Minors
You may have heard the buzz about CBD oil, which is a type of cannabis product. You can pour this liquid onto your child’s cereal or lunch for quick absorption. A few parents give them sublingually to enhance their bioavailability.
Why not give your kids some CBD gummies to get them on board with taking their vitamins? These tasty treats are just like normal gummy bears or candies that children love so much. It is an effective way to give your kids CBD.
Can Children Consume CBD Through Vape?
If you wonder about the legal age for CBD use, please be informed that it varies from state to state. In 41 of 50 US states, a person must be at least 18 years old in order to vape or smoke cannabis with THC e-liquid products (exceptions include Utah).
However, 21 is considered by some organizations as being too young and others believe that this number should instead reflect current drinking ages across America.
Vaping may be a big hit with the youth, but it is not all fun and games. Municipalities can enforce their own restrictions as well as impose smoking or vaping bans for anyone under 21 years old, so it is a no for kids under 18.
The CBD Dosage for Minors
There are no set dosage guidelines for minors, as it heavily depends on the individual’s condition, weight, and sensitivity. An experiment was conducted on children with epilepsy who were given 50 mg of CBD for 12 weeks. It showed great results with minimum side effects.
The study shows that CBD in large doses is safe for minors. Even so, we recommend starting with a minimal dose needed to see results and monitoring your child’s reaction carefully before increasing them further. For the average adult, this comes down to about 40 mg of CBD a day.
This is a low-dose medication that can be taken for general ailments like insomnia, pain, and anxiety.
Scrutinize the Side Effects of CBD
It is important to note that children are obviously much younger than adults, and their metabolism can be different. This means they may require less CBD for effect but should still receive regular dosage.
It is important to read the labels on your CBD oil boxes to ensure safety for your children.
There are rare cases of side effects with every medication and product. Side effects can be more prevalent in some patients, but we should keep an eye on our children’s reactions if they have been given doses that seem high for their age group.
3 Major Cures of CBD for Minors
Based on the studies available, CBD appears to have a beneficial effect on children. However, it must be consumed legally and from reputable suppliers for best results.
Let’s take a look at three major conditions that are alleviated with CBD:
1: CBD for ADHD
Attention Deficit Hyperactivity Disorder (ADHD) is a condition that affects about five percent of the kids in the USA. It is seen that American boys are more prone to than girls, as per the Centers for Disease Control and Prevention (CDC).
The research on CBD and its effects on people diagnosed with ADHD is still limited. However, one study suggests that CBD seems capable of significantly reducing impulsive behavior among those affected by mild cases when taken orally.
Not a lot of research has been conducted on CBD and childhood behavior disorders, but some parents out there claim that it works.
2: CBD for Epilepsy
We are all too aware that epilepsy affects more than 4 million children in America today, and it is often a challenging condition to live with. The number of people living with this diagnosis has increased substantially over time because we still have yet to find the cause of the disease.
However, new research suggests CBD may help reduce some side effects from treatment, such as pain, while potentially preventing future episodes by blocking brain inflammation.
Children with epilepsy and Dravet Syndrome who are on a special CBD diet benefit from the use of cannabidiol oil. A study published in the New England Journal for Medicine has found that it worked to reduce seizure frequency by more than 50%.
CBD is now officially backed by the FDA for use in children with epilepsy. A product called Epidiolex has been given a go-to treat two rare conditions: Dravet syndrome and Lennox Gastaut syndrome.
3:CBD for Anxiety
Anxiety is so common that it affects 3% of children. However, kids like them are not normal, and CBD may be able to help alleviate their anxieties in some way or another, according to recent research from CDC reports.
Scientists have found that CBD oil is an excellent treatment for children with anxiety. It is important to note; however, this study involved just one subject, and we need more research before recommending it as a go-to solution in kids’ lives dealing with anxious feelings or disorders like panic attacks or OCD.
If the teen suffers from social anxiety, CBD may be enough to get them out of their comfort zone, but it is not a cure-all solution.
We have seen that how CBD attracts a lot of attention due to its controversial yet beneficial presence. It is taking the world with its several benefits, and we have seen how all the laws revolve around kids. The answer to your question, “Is CBD legal for minors?” was thoroughly addressed in the article.
1: Can children easily consume CBD?
Yes, CBD can be taken by children and it has few-to-no negative side effects. However, little is known about its long-term effects on children or clearly demonstrated in clinical practices.
2: How much CBD oil is safe for minors?
Giving your child CBD can be an effective way to help with their symptoms, and it is easy for them. Just start out on the smallest dose possible and increase the dose gradually. You can measure it by 20 mg/kilogram of bodyweight.
3: What are the side effects of CBD?
You may experience zero to minimum side effects, which are as follows:
- Dry mouth
- Reduced appetite
- Feelings of tiredness
4: Can CBD result in panic attacks?
Some CBD users may experience a quickened heart rate and an increase in anxiety, which is very rare. This is usually caused by the high THC content of some products.
5: Is CBD available online?
Buying CBD online is not only possible, but it is also the best way to get products that are not available in stores. The internet provides all kinds of customer reviews, company information, and more.