By Jennifer Eisenbart
Editor
An effort to de-criminalize a non-psychoactive version of marijuana took its first steps Tuesday at the state capitol.
Local advocate Sally Schaeffer, whose daughter, Lydia, died while waiting for access to cannabidiol, spent Tuesday afternoon testifying in front of the state Senate Committee on Judiciary and Public Safety.
Schaeffer sat at a desk for approximately 25 minutes, a picture of Lydia by her side, explaining the battle parents are facing trying to get access to the CBD oil.
“I testified on behalf of parents who couldn’t be there, who sent me letters,” Schaeffer said. “And then I spoke.”
Schaeffer spoke about a mother’s love – and about how her husband found her daughter dead on Mother’s Day in 2014. Lydia, who Sally said suffered from a rare form of epilepsy that occurred in her sleep, had died overnight from a seizure.
Since then, Sally Schaeffer has been battling to make Lydia’s Law actually work. The bill was signed into law in April 2014, but Lydia died before she could ever benefit.
Shortly after, it was discovered that legal red tape made the law virtually useless, because it required doctors to apply for an FDA investigational license.
That effectively shelved the bill, as doctors couldn’t or wouldn’t support that license to make the oil available.
In January, Senator Van Wanggaard, R-Racine, and State Assembly Speaker Robin Vos, R-Rochester, backed an effort to bring forth legislation that would essentially de-criminalize possession of the oil. Other previous attempts to fix the bill had failed. The federal government, which Schaeffer has also approached, is also working on de-criminalizing CBD oil.
A representative from Wanggaard’s office said Tuesday evening the bill is expected to pass out of committee later this week and through the Senate next week.
Schaeffer said she felt positive following her testimony.
“I felt optimistic, that this is the year we can make something happen,” she said. “I’m thankful that Sen. Wanggaard continues to be a champion for this.
“But I’m also a little frustrated because it’s taken three years, continuing to work to get this bill functional,” Schaeffer added.
The alternatives for parents in the meantime are bleak. Some parents could be trying to obtain and use the oil without permission, and could be subject to legal action.
Some parents have moved to where CBD oil is legal, splitting families. And still others, Schaeffer said, are trusting in pharmaceuticals … and lawmakers.
“They want to be assured they will not face prosecution,” Schaeffer explained. “The DEA is saying it’s a Schedule I (drug).”
Schaeffer said there are parents in the state who want to be able to discuss the treatment as one of many options with a doctor.
“They want to be able to sit and talk to their doctor about that,” she said.
In the meantime, she continues to fight. The next steps of the process have yet to be scheduled in Madison.
“I am doing this out of a pure part of my heart, and love for my child,” Schaeffer said. “Whether she’s dead or alive, that love remains strong and steadfast – and it always will.”
She has pledged that she will find a way to make Lydia’s Law functional in the state.
“I made my daughter a promise,” she added.
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