A family that applied for and was granted a medical marijuana card for their 5-year-old son has filed a lawsuit against the county and the state.
They want to force health officials to recognize marijuana extracts as a legal product under the state's Medical Marijuana Act, because the family believes it's crucial for their son's well-being.
Zander was born with cortical dysplasia, a defect in his brain that can cause dangerous seizures.
Several months ago, Zander's parents Jennifer and Jacob Welton turned to medical cannabis in the form of liquid extract.
But after they were told this form of medical marijuana was prohibited by state law, they reverted to using the raw plant -- something Zander wasn't excited about.
"He's finding that we're hiding it in the apple sauce -- just like anytime you're trying to hide medicine to give to a little one," says Jennifer Welton.
Jennifer and Jacob feel the oil extract is the best option for Zander.
"The extract made it a lot easier to dose it appropriately, so we could figure out exactly what he needed and give it to him and make sure he got it all."
And they say the results have been tremendous.
"Zander was actually able to take steps off of the bus, like actually walk down the stairs to get off of the bus -- versus someone having to catch him. Because he would just lift up a leg and fall off of the bus."
There are no age restrictions for medical marijuana patients here in Arizona, but parents or legal guardians must buy and administer the drug.
As for the extract, the Food and Drug Administration just approved the country's first study on the compound to look at the medical effects it has on patients with seizures.
Montgomery spokesman Jerry Cobb declined to comment Tuesday on the lawsuit filed Monday in Superior Court.
A Phoenix police document attached to the suit said Montgomery's office considers extracts illegal under Arizona criminal law.