"As the seizures got worse, we had to move to Colorado to get cannabis because it's illegal in Texas", she explained. "She doesn't want to have to fear going to jail every time she sees a police officer".
"I'd say it's a lot better than brain surgery", Alexis said.
Alexis's suit was filed in July. The Cannabis Cultural Association is also named as a plaintiff, according to court documents.
"Our objective is to have the Controlled Substances Act as it pertains to cannabis declared unconstitutional so that Alexis, Jagger, Jose and the millions of other Americans who require medical cannabis can live healthy and productive lives".
The lawsuit was filed in July 2017 in the Southern District of NY where the legal text for the case said that it "stands to benefit tens of millions of Americans who require, but are unable to safely obtain, Cannabis for the treatment of their illnesses, diseases and medical conditions, the successful treatment of which is dependent upon its curative properties."Bortell's lawsuit is not only against Sessions and the Justice Department, but also against the Drug Enforcement Agency".
Marijuana is now classified as a Schedule I drug by the Drug Enforcement Agency.
Due to legal restrictions, the 12-year-old, who turned to medical marijuana to control her seizure disorder, is unable to return home to her native Texas to visit family.
The dosage has helped the young girl who says she hasn't had an attack in over two years.
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"I would like to be able to visit my grandparents without risking being taken to a foster home", she said, speaking of how she was now unable to return to Texas due to federal drug laws.
A complaint filed in the U.S. District Court in the Southern District of NY in July says that Alexis ran the gamut of prescription pills, all of which failed to control her seizures before she was left with two options: brain surgery or cannabis.
Bortell's father, Dean, criticized the federal ban as "outrageous". "She lost her home". Sessions, a long time cannabis prohibitionist, said "Our policy is the same really, fundamentally, as the Holder-Lynch policy, which is that the federal law remains in effect, and a state can legalize marijuana for its law enforcement purposes but it still remains illegal with regard to federal purposes".
Additionally, Alexis can't spend Christmas with her elderly grandparents in Texas.
Her parents are backing her all the way.
Alexis and her family hope if the suit is successful, national parks and holidays in Texas will become part of her reality.
That leaves Bortell, and patients like her, in limbo.