Georgia couple loses custody of son after giving him marijuana to treat seizures

(CBS) -- A Georgia couple said they are fighting to regain custody of their son after they gave him marijuana to treat his seizures.

According to CBS News, Matthew and Suseanna Brill lost custody of their 15-year-old son, David, in April when he tested positive for marijuana. They were charged with reckless conduct and face jail time.

The Brills told CBS that their son, who had been having up to 10 seizures per day, went down to being seizure free for 71 days after he began smoking. According to his parents, the teenager had never gone that long without a seizure before.

"For our son, it was a miracle for him," Matthew said.

Currently, medical marijuana is legal in 29 states and Washington, D.C. Nine states and D.C. allow legal recreational marijuana use. However, Georgia is not one of those. In fact, according to CBS, it has some of the strictest marijuana laws in the country. Physicians are not allowed to prescribe marijuana for medical use, and it's illegal to sell or possess. The law does allow those with a state-issued medical card to possess low THC oil.

"The only way he could get a medical card would be a six-year waiting list," Suzeanna said.

The Brills, frustrated with the system, decided to go their own route. Matthew said he smoked the illegally-purchased marijuana first to make sure it was okay before giving it to his stepson.

Someone alerted the Georgia Division of Family and Children Services, and the Brills were charged with reckless conduct. They told CBS that they spent six days in jail. On April 20, David was taken from their custody. That day, he had a seizure and had to be taken to the hospital.

"When I talked to him tonight...the 10-minute phone call I was allowed to have with him, he was on the verge of going into a seizure," Suezanna said.

At this time, David is living in a group home about 60 miles from his parents. The Georgia Division of Family and Children Services said in a statement, "Case managers continue to work with the the family can be restored as quickly as possible."

"They're facing real criminal charges," said the criminal defense attorney Rachel Kugel. "I think even if they beat the criminal case...They still are definitely in hot water with regard to Child Protective Services."

The Twiggs County sheriff defended the charges against the Brills in a statement saying," It is my duty to enforce state law."

In an interview with CBS, the Brills indicated that they understood that, but they were just trying to help their son. When asked if they considered themselves to be criminals, Suezanna said no.

Matthew said, "I'm a father that did what it took to make sure my son was okay."