By Dan Margolies

The Garden City, Kansas, mother who lost custody of her 11-year-old son over her use of cannabis oil says she wants to hold state officials accountable “so this doesn’t happen to people any longer.”

Shona Banda, who sued state agencies and officials late last week, is representing herself in the action, which asks the court to restore custody of her son, declare that she has a “fundamental right” to use cannabis oil to treat her Crohn’s disease and award unspecified damages.

“We need to restore actual liberties in this country,” Banda said in a telephone interview with Heartland Health Monitor. “The powers that be have gained way too much control when they think that they can do these kinds of things even with your children.”

Banda posted a draft of her lawsuit online as long ago as September but later said its filing had been delayed by the inability of her attorneys, one in Lawrence, Kansas, and the other in California, to agree on a mutual schedule.

In the lawsuit filed last week, however, she is acting on her own behalf. Asked what had become of her attorneys, Banda said the California attorney had a medical emergency “and we were coming on the statute of limitations to file the case. So I had to do what I had to do in order to make this happen.”

The suit was filed a year to the day after Garden City police raided her home and seized marijuana, cannabis oil and drug-related equipment after her 11-year-old son spoke up about her use of cannabis at a school anti-drug presentation.

The Kansas Department for Children and Families subsequently took custody of her son, saying the home environment was not safe for him, and the Finney County district attorney filed drug-related criminal charges against her. The charges carry a maximum punishment of 30 years in prison.

Banda said she would represent herself in court until she could find “adequate representation.”

Her 20-page lawsuit, filed in federal court, names as defendants the state of Kansas; the Kansas Department for Children and Families; DCF Secretary Phyllis Gilmore; Gov. Sam Brownback; the Garden City Police Department and its police chief, James R. Hawkins; the Garden City School District; and Tyler Stubenhoffer, an employee of the school district.

The suit alleges that the defendants violated Banda’s constitutional rights under the 9th and 14th amendments and cites an “emerging awareness” of the medical benefits of marijuana and its increasing societal acceptance. However, legal experts say there’s little case law supporting a constitutional right to medical marijuana.

Under Kansas law, possession of any amount of marijuana is punishable by up to a year in jail and a $1,000 fine. A second conviction is punishable by up to 3 ½ years in prison and a $100,000 fine.

Theresa Freed, a spokeswoman for the Department for Children and Families, could not be reached for comment on Monday. But asked in September about Banda’s then-threatened lawsuit, she said that the department’s mission is to “protect children, promote healthy families and encourage personal responsibility.”

“Our social workers are trained to assess the safety of a home and make an appropriate recommendation to the court,” Freed said. “Marijuana is an illegal substance in the state of Kansas. It can have both direct and indirect detrimental consequences on families.”

Banda said her son is in the custody of his father and she has visitation rights. She said, however, that she and the father are getting divorced “and I’m fighting for sole custody of my son.”

Banda has another son, 19, who lives with her and whom she says “is working and trying to do what he can to be an adult.”

She acknowledged that the legal odyssey she’s endured over the last year has been “very difficult” but said her younger son was “doing OK.”

“But it’s been very difficult on our family as a whole, I will say that,” she said.

Banda has been a highly visible advocate of medical marijuana and self-published a book about her use of cannabis oil to treat her Crohn’s, an inflammatory bowel disease that can cause severe abdominal pain and other symptoms.

Her lawsuit says she has undergone 17 surgeries over eight years. It says that the cannabis oil she uses to treat her condition had “significantly relieved” debilitating symptoms that had prevented her from working and confined her to her home.

Dan Margolies, editor of the Heartland Health Monitor team, is based at KCUR. You can reach him on Twitter @DanMargolies.

KANSAS CITY, Mo. (AP) — Standardizing testing is on hold in more than a dozen states because of Internet problems at the University of Kansas where the test developer is based.

The university’s Center for Educational Testing and Evaluation provides general end-of-year assessments for students in Kansas and Alaska. It also offers testing for students with significant cognitive disabilities in those states and 14 others.

Issues arose Tuesday when a backhoe severed a major fiber cable. Testing was canceled for the rest of the day before resuming Wednesday but was again suspended Thursday afternoon because of service disruptions. After students again experienced problems Friday morning, the testing suspension was resumed.

Center director Marianne Perie said she hoped the issues would be resolved by Monday.

NICHOLAS K. GERANIOS, Associated Press

PULLMAN, Wash. (AP) — The new president of Washington State University says he was drawn to the Pullman school by its high academic standards and by the new medical school.

Kirk Schulz on Friday also says the state of Washington’s support for higher education played into his decision to leave the presidency of Kansas State University for the new job.

Schulz and his wife Noel were introduced to students, faculty and staff in Pullman on Friday morning. They answered questions and also met with reporters. They have similar meetings planned later in the day in the Tri-Cities and Spokane.

Schulz says Washington State is poised to top $400 million in research grants in coming years, twice what Kansas State had. He was also drawn by the state’s decision to slash tuition.

SALINE COUNTY- A Kansas man was injured in an accident just before 9 a.m. on Friday in Saline County.

The Kansas Highway Patrol reported a 1995 Ford Ranger driven by Randall J. Shaffer, 56, Lawrence, was north bound on US 81 just south of Salina.

The pickup went left of center and hit a 1986 Kenworth semi driven by Patrick Alan Southwick, 59, Salina head-on.

Shaffer was transported to Salina Regional Medical Center

Southwick was not injured.

Both drivers were properly restrained at the time of the accident, according to the KHP.

FORT RILEY. – U.S. Senator Jerry Moran (R-Kan.), member of the Senate Defense Appropriations Subcommittee, visited the new Irwin Army Community Hospital on Fort Riley Friday to learn about the continued progress made toward the hospital’s opening to serve the Fort Riley community.

“The new Irwin hospital will serve thousands of men, women and children who call the Big Red One home, and they deserve the best care possible as soon as possible,” Sen. Moran said. “I was assured during my visit today that in the next two weeks the Army will announce an official opening date. It was good to see the progress made thus far, especially that all structural safety issues have been addressed. The hospital represents a significant asset to the base and further demonstrates the value of Fort Riley to the U.S. Army.”

During his visit, Sen. Moran heard about the work that remains prior to Irwin’s official opening such as commissioning, safety walk-throughs and equipment movement. The new facility was initially slated to open in 2012, but has experienced both legal setbacks and construction delays. The hospital will replace the current Irwin Hospital facility, which is the oldest Army hospital in the nation.

Sen. Moran was joined by Big Red One Commanding General Major General Wayne Grigsby, Deputy Commanding General Brigadier General Patrick Frank, Garrison Commander Colonel Andrew Cole, Hospital Commander Colonel Risa Ware, Lieutenant Colonel Robert Schultz and U.S. Army Corps of Engineers Lieutenant Colonel Michael Sexton.

WICHITA, Kan. (AP) — Prosecutors have charged a 19-year-old man in the fatal shooting of another man in Wichita.

The Wichita Eagle reports that Arturo Jesus Desantiago was charged this week in Sedgwick County District Court with second-degree intentional murder in the death of 19-year-old Samuel Meza.

Authorities say Meza was shot in the hip on March 21 following what police have called a long-running gang feud. He died two days later.

Wichita police arrested Desantiago last Friday, and he is being held in Sedgwick County Jail in lieu of $350,000 bond. His next court appearance is scheduled for April 12. It wasn’t immediately known if he had an attorney.

 

MEDICINE LODGE, Kan. (AP) — Crews continue extinguishing hot spots from a wildfire that has burned hundreds of square miles since starting last week in Oklahoma and spreading into rural Kansas.

The heaviest damage is in Kansas’ Barber County, where the fire remained 89 percent contained Thursday night when the most recent update was provided. Officials overseeing the firefight in the county said in a news release that there were at least seven calls for service Thursday and that 10 new acres burned.

Efforts are underway to calculate the damage. An estimated 600 cattle died in Oklahoma; Kansas officials are working to calculate how many cattle died in the state.

An informational meeting is planned for Wednesday in Medicine Lodge to help connect farmers and ranchers with federal assistance.

IOLA, Kan. (AP) — Federal officials are seeking $193,600 in penalties from Russell Stover Candies after a hazardous chemical was released at an eastern Kansas plant.

The Occupational Safety and Health Administration also announced Thursday that it was placing the candy maker in its Severe Violator Enforcement Program. The company’s Iola plant closed for more than two hours in September when an air-conditioning pipe broke and released about 22 pounds of anhydrous ammonia into the air. The gas is highly irritating and can burn the eyes, nose and throat in even small amounts.

OSHA official Judy Freeman says failing to properly control highly hazardous chemicals creates the potential for an accidental release that “could result in a tragedy.”

A Russell Stover spokesman didn’t immediately respond to an email from The Associated Press seeking comment

GEARY COUNTY- A former Kansas orthopedic surgeon facing a charge of Aggravated Sexual Battery reached a plea agreement on Thursday in Geary County District Court.

Allan D. Holiday, Jr., pleaded no contest and was found guilty of two misdemeanor counts of Endangering a Child.

His 24-month jail sentence was suspended and he was placed on supervised probation for 24-months. As a condition of probation Holiday will serve 30 days in the Geary County Jail and then be released on probation.

Holiday, formerly employed at Flint Hills Orthopedic and Sports Medicine at Geary Community Hospital in Junction City, was arrested in August of 2015 after police said they had received a complaint involving a 16-year old juvenile.

WICHITA, Kan. (AP) — A Wichita man has been found guilty of first-degree premeditated murder in the shooting death of his wife at their home.

Thirty-two-year-old Derek Campbell was convicted Thursday in the death of Rebecca Campbell. Authorities say officers found her dead in the living room on April 8, 2015.

Campbell testified that his wife was shot when he emptied his revolver then fired the gun, not knowing the chamber still contained a live round. He said that his wife was leaning over to plug in a cellphone when she was struck in the head.

Campbell is scheduled to be sentenced May 19. He faces a sentence of life in prison.

TOPEKA, Kan. (AP) — Kansas officials are waiting to learn whether state tax collections in March fell short of expectations.

The state Department of Revenue’s report Friday could complicate the state’s budget picture. It also comes ahead of an April 20 meeting of legislative researchers, university economists and officials in Republican Gov. Sam Brownback’s administration to issue revised revenue projections.

The $16 billion budget approved by lawmakers for the fiscal year beginning in July would leave the state with less than $50 million in cash reserves at the end of June 2017.

Continued shortfalls would erode those projected reserves. Tax collections were lower than anticipated in 11 of the previous 12 months.

Kansas has struggled to balance its budget since cutting personal income taxes dramatically in 2012 and 2013 to stimulate the economy.

LAWRENCE, Kan. (AP) — Authorities are trying to determine what sparked a house fire that killed a man.

The Lawrence Journal-World reports that the victim died at the scene of the blaze Thursday afternoon. His name was not immediately released.

Lawrence-Douglas County Fire Medical Division Chief Eve Tolefree says the home is not considered a crime scene.

The fatality was the second involving a Lawrence house fire in as many days. Police said a man died Wednesday during a blaze that police say followed a domestic dispute.

His name also hasn’t been released.

TOPEKA, Kan. (AP) — A Kansas judge has declined to intervene in legal efforts by a county and development group to block a planned state-owned casino after the plaintiffs’ bid to build and operate it was rejected.

TheMorning Sun reports Shawnee County District Judge Larry Hendricks rejected the lawsuit’s claims the decision by state gaming regulators to award the project to Kansas Crossing developers was arbitrary.

Thursday’s ruling is another setback for southeast Kansas’ Cherokee County and would be Castle Rock Casino developers behind the lawsuit. It was not immediately clear if they planned to appeal.

Kansas Crossing developers have gotten several 90-day extensions on the project, which was to be completed this summer.

Kansas Crossing’s $70 million proposal was dwarfed by Castle Rock’s plans for a $145 million development.