Alexis Bortell, 12 and epileptic, sues the US state to defend her right to medical cannabis

After moving from Texas to Colorado to take advantage of legal access to medical cannabis, Alexis Bortell is suing the U.S. federal government to assert her constitutional rights.

When she was still in Texas, 12-year-old Alexis Bortell and her family had only two options left for treating her severe epilepsy: an experimental lobotomy or putting up with the frequent seizures that were making Alexis’s life unbearable.

Her family chose a different path: moving to Colorado, where access to cannabis oil and sprays has completely transformed Alexis’s life. Instead of daily seizures, Alexis now has only one pre-seizure episode per month, which cannabis is able to stop.

Today, along with four other advocates for access to medical cannabis, Alexis is at the center of a lawsuit targeting the U.S. federal government and the Controlled Substances Act (CSA), on the grounds that the classification of cannabis under Schedule 1 infringes on his constitutional rights.

«This isn't just about the CSA. It's a civil rights issue that centers on individuals» rights to use medications that save their lives and protect their health," explains Michael Hiller, Alexis's attorney, in a interview with Rolling Stone. «This isn’t just about cannabis; it concerns people’s ability to exercise their rights to free speech, to petition the government for redress of grievances under the First Amendment, the right to travel, the fundamental right to privacy, and the right against congressional overreach.»

Alexis cannot travel safely without her cannabis medication, and would be breaking federal and local laws the moment she leaves her state. Alexis and her attorney explain that the federal government’s prohibitive laws restrict her right to life, liberty, and the pursuit of happiness.

«It’s been two years since I’ve had any epileptic seizures, thanks to my cannabis-based medication. In Texas, our goal was three days, and that was the most I could manage,» explains Alexis. «It’s helped me do better in school, since I no longer have to go to the nurse’s office every day because of auras and seizures. There was no medication in Texas that stopped my seizures, and not only that, but the horrible side effects were worse than my seizures.».

The other three people suing the U.S. government are Jagger Cotte, a 6-year-old girl who uses cannabis to treat Leigh syndrome, a normally fatal condition; Jose Belen, a veteran suffering from PTSD (post-traumatic stress disorder); and former NFL player Marvin Washington, who has been advocating for several years to allow the use of CBD in the NFL.

To be classified under Schedule I of the CSA, a substance must have a «high potential for abuse» and «no medical use in treatment in the United States.»  Michael Hiller is therefore seeking to demonstrate that the government is aware of the safety and medical benefits of cannabis and no longer has any justification for not changing its classification.

«If the Court rules in our favor, declares the CSA unconstitutional as it is currently applied, and orders the federal government to amend it, our lawsuit truly has the potential to change the lives of tens of millions of people,» said Hiller.

As for Alexis, she’s staying in Colorado and participating via video conference. She can’t travel without her medication, and she can’t fly with it because cannabis is illegal at the federal level. So she’s doing her best to live the life of a young woman her age, with an unpredictable illness and a government that isn’t making things any easier for her.

«Every time I look at my class, I think about what my classmates will do when they grow up. But I can't be anything because the government thinks I'm bad,» she writes in her interview with Rolling Stone. «I know they’re wrong. I hope we win this lawsuit. If we do, maybe I’ll be able to become a doctor, or, if I want to, run for office.»