Family pushes to legalize cannabis oil in Tennessee

The Mathes family just celebrated Josie's first birthday last week.

But the Matheses have never met their daughter. At least, the daughter they know is there underneath the unrelenting seizures that plague her frequently.

"She can't sit on her own, she's not crawling, we don't do solids very well. So essentially we still have a baby when we should be in the toddler stage, ya know?" said Stacie Mathes, Josie's mother.

Josie's tried two of the leading medications on the market. Mathes, 30, said one didn't work and the other could cause Josie to go blind. But the Greene County family hopes it's found a solution: cannabis oil.

The product, derived from the marijuana plant, is already in use in 10 other states to legally treat children who suffer from infantile spasms.

"We can actually get her off the pharmaceuticals. And actually see life back about her," Mathes said, weeping.

"And see her development change and progress and have her catch up to where she's supposed to be. And hopefully we can actually meet her."

'Not a medical marijuana bill'

That can't happen — at least legally — without a change to Tennessee law. State lawmakerspassed a bill last year that allowed for Tennessee Tech University to dispense some cannabis oil to medical providers, but they needed to be part of a medical study to receive the oil and provide it to patients. The scope of the law is limited and doesn't allow any doctor to prescribe the oil to any patient across the state.

Rep. Jeremy Faison, R-Cosby, wants to change the law to make the oil immediately available to those in need. A new bill he's sponsoring would change the state's definition of "marijuana" to exempt cannabis oils obtained in a different state that contain very small amounts of tetrahydrocannabinol, or THC.

THC is the potentially intoxicating component in marijuana that makes it both a highly popular recreational drug and illegal in many states and on the federal level. Medical marijuana is legal for medical or other purposes in 23 states and Washington, D.C., according to the national advocacy group Marijuana Policy Project, but legislative steps toward legalization in Tennessee have stumbled.

"This is not a medical marijuana bill. This cannabis oil has less than 0.9 percent THC. This has nothing to do with that," Faison said.

A double-edged sword

Faison knows the Mathes family, but noted there are other families facing the same dilemma. The Matheses already started down the track necessary to get the oil from Colorado, where it's legal, and are considering a move to the state. But Faison and Mathes don't want that to happen.

Mathes said the family has access to the oil now. They've spoken with the local district attorney: Mathes said if they were ever charged with a crime related to their use of the oil, "he would not prosecute us." As is the case with many families, though, the Matheses want to abide by the law.

"The worst part about it is my husband's a police officer, he's a deputy sheriff. It's a double-edged sword: We know the law, but at the same time, she's suffering and it's not always feasible to up and move to Colorado," Mathes said.

Faison said the Tennessee Bureau of Investigation and state departments for health, safety and mental health have "given me verbal affirmation that they're comfortable with this bill." Those signs make Mathes and her husband, Logan, optimistic Faison's bill will pass this year so they could start giving Josie the cannabis oil in a few months.

In the meantime, Mathes — who stays home to care for Josie and Asher, the Matheses' 3-year-old son — must continue to rely on therapy and medications that have done little to stop Josie's seizures.

"There's not a lot of enjoyment here. Between the seizures and medications, she's inhibited. I guess essentially she's doped up. And that's the hardest part," Mathes said.

The General Assembly is set to reconvene in regular session Feb. 9.

Reach Dave Boucher at 615-259-8892 and on Twitter @Dave_Boucher1.