Area couple says medical marijuana would change their son’s life

HARTINGTON — Some former Cedar County residents are doing everything they can to help soothe their young son.

Matt and Nicole (Kuchta) Hochstein, the parents of 10-year-old son Jayen, are trying to find ways to help him fight off seizures.

They are working to collect signatures to give Nebraska voters a chance in November to vote on a medical marijuana bill.

The couple, who now lives in Papillion, has spent quite a bit of time in their old stomping grounds trying to get signatures for the medical marijuana petition.

Their petition drive is going well as 40 percent of the registered voters of Wynot have already signed the petition.

The family spent this past weekend gathering signatures in Laurel and Hartington.

Conditions for placing the question of a constitutional amendment on the Nebraska ballot requires 10 percent of the state’s 1.2 million registered voters, or about 120,000 petition signatures. The law also requires signatures from five percent of registered voters in at least 38 out of 93 counties for it to be put on the ballot.

“The amount of support we are seeing in Cedar County is not seen to this level anywhere else in Nebraska,” said Nicole Hochstein, who grew up in Wynot. “I believe we will make it. We are beyond the five percent mark. Cedar County is beyond amazing.’’ The signatures they’ve gathered should really help the drive.

The signatures they’ve gathered should really help the drive.

“The signatures we collect help in two ways,” Matt Hochstein said. “They can count toward the state number and also Cedar County’s number.”

While gathering the signatures has taken a lot of their time and energy, they say it’s worth the effort because it will help their youngest son, Jayen. This 10-year-old smiling inspiration who has suffered seizures since he was 4 months old.

No funds are being raised for this cause. Signatures are the only donation sought.

“When we are doing the petition signature gathering, we can’t take gifts,’’ she said. “We have received encouraging words. People reach out through Facebook and we share where we are gathering signatures and people stop by to sign.’’

The Hochsteins are part of a statewide volunteer group working to place the Nebraska Cannabis Initiative on the statewide ballot in 2020. Although they now live in Papillion, the Hochsteins returned to their hometowns in Cedar County for signatures and the effort has really meant a big boost toward the goal.

“I wasn’t sure what to expect, but the reaction so far has just blown me away. People have been so supportive,” said Nicole.

The proposed constitutional amendment has some worried it may open the way for legalizing widespread usage of the drug.

According to the Congressional Research Service, in 2009 the Department of Justice announced an end to federal raids by the Drug Enforcement Administration of medical marijuana dispensaries that are operating in “clear and unambiguous compliance with existing state laws.”

Claims and counterclaims about medical marijuana have been much debated by journalists and academics, policymakers at all levels of government, and interested citizens.

According to The Review of Clinical Psychology, although federal law has prohibited the use and distribution of marijuana in the United States since 1937, for the past five decades states have started to relax their marijuana polices.

The Review also states State decriminalization policies were first passed in the 1970s, patient medical access laws began to get adopted in the 1990s, and more recently states have been experimenting with legalization of recreational markets.

This has resulted in a spectrum of marijuana liberalization policies across the United States. As of Jan. 1, 2016, 21 states decriminalized certain marijuana possession offenses, 26 states legalized medical marijuana use, and another 16 states adopted cannabidiol (CBD)-only laws that protect only certain strains of marijuana to be used for medicinal purposes.

There is tremendous overlap because some states have implemented combinations of each of these policies, as shown by the fact that the five states legalizing recreational marijuana use (Alaska, Colorado, Oregon, Washington, and the District of Columbia) all initially decriminalized marijuana and then passed medical marijuana allowances before passing their legalization policies.

Nebraska State Sens. Adam Morfeld and Anna Wishart joined with activists to form a committee determined to put the issue before voters. If the measure passes, Nebraska joins a current tally of 34 states and Washington, D.C. with legalized medical marijuana. Another 12 states allow medical use of cannabidiol, or CDB.

“The initiative isn’t intended to throw open the gates for widespread, recreational marijuana use in Nebraska,” Nicole Hochstein said. “We’re trying to find an answer that would allow our child access to the medication he needs while making sure we’re keeping Nebraska safe. We would use the cannabis oil to help with Jayen’s seizures.”

If successful, the initiative amends the Nebraska Constitution to provide the rights to use, possess, access and safely produce cannabis, and cannabis products and materials, for serious medical conditions as recommended by a physician or nurse practitioner, according to the ballot wording.

“Supporters are facing a time crunch in wrapping up their petition drive,” Nicole Hochstein said. “The pandemic virus precautions have produced a major challenge in collecting signatures, which must be done in person and follow a set procedure. COVID has also made it much more difficult to circulate petitions without human contact. We have had to be particular since our son is at risk for the CoronaVirus. We need the petitions turned in to the (Nebraska) secretary of state’s office by July 2.’’

Conditions for placing the question of a constitutional amendment on the Nebraska ballot requires 10 percent of the state’s 1.2 million registered voters, or about 120,000 petition signatures. The law also requires signatures from five percent of registered voters in at least 38 out of 93 counties for it to be approved and put on the ballot.

“The signatures we collect help in two ways,” Matt Hochstein said. “They can count toward the state number and also Cedar County’s number.”

The Nebraska Legislature has rejected medical marijuana bills in the past.

“I welcome federal changes to study what medical marijuana can do,’’ Nicole Hochsten said. “Road blocks from people who don’t want this make it tough. They need to read and study. I am so proud of the work that the Senators in favor of the issue have done. They have stated that we need to ‘Help Nebraskans Without Hurting Nebraskans.’’’ She challenges everyone to read the bill and look at what the Senators have done.

“I encourage people to understand what it took us to get to this point,’’ she said. “If people don’t want recreational drugs legalized, we understand, but we want the power of having this on the ballot so that people can decide if medical marijuana could be an option for those that desperately need it. Give people an opportunity to decide for themselves.

Signing the petition doesn’t mean that you are for or against marijuana it means that the question will be put on the 2020 ballot.”

When voters consider signing a petition, they might truly consider putting themselves in the shoes of a parent.

“One of the other options for our son was a steroid injection,” Matt Hochstein said. “It not only cost more than our house at the time, but there were several medical issues including how he ballooned. He looked like, if you touched him, he would pop.”

After a year of steroids, the couple said the seizures returned. Other medications have only worked for a short time.

Before he reached 8, Jayen underwent brain surgery to remove the seizures’ source.

“The brain surgery provided what seemed like long-term and possibly permanent relief,” Matt Hochstein said. “Jayen was seizure-free for 3½ years. But then the seizures returned, and they came back with a vengeance.”

After trying anti-epileptic drugs without prolonged success, Jayen received a vagus nerve stimulator (VNS) in 2019. The Hochsteins explained the device is installed under the chest wall with a wire to connect to a nerve in the neck.

Matt Hochstein serves in the military, whose medical and insurance coverage has made possible Jayen’s medications and surgical procedures. However, an FDA-approved drug might only be approved for children age 12 and older.

“Last year, it was a very difficult decision for us when we were in Arizona. That state allows medical cannabis use for children with epilepsy, and we really debated whether we should try the process to get care for him in Arizona,” Nicole Hochstein said.

“However, the big issue for us was, if we started the treatment in Arizona and our family was transferred because of the military, our son wouldn’t be able to come with us while he was still on treatment. And we couldn’t just withdraw him from any kind of medication. The uncertain future added to the stress of making medical decisions. We prayed about it, and we chose not to start treatment in Arizona. We hoped to get to Nebraska where we would have family members supporting us. But we also needed to work to get something to happen here so we could have relief for him.”

Matt Hochstein said Jayen Hochstein could possibly face his third brain surgery in the future.

Nicole Hochstein said she isn’t sure her son can endure many more procedures or unsuccessful treatments. However, she said she also fears he could succumb to sudden unexpected death in epilepsy (SUDEP).

“It’s a ticking time bomb that’s a reality for us. We can’t have him undergo another seizure that puts him at bigger risk,” she said. “This is important. It’s crunch time for us. ... We’re literally out of options.”

The youngest Hochstein’s use of cannabis treatment could lead to other benefits, according to his father.

“If he had alternatives such as medical marijuana, it could be possible to take him off some of his current medications that have side effects,” he said.

The Hochsteins returned to Nebraska last December, and Nicole became active in collecting petition signatures. She said the process hasn’t been easy in Papillion, where she has been met by some strong opposition going doorto-door.

In a Facebook post, she described her discouragement:.

“I just walked around the neighborhood going door to door. Put myself out there and took a beating,” she said. “Thankfully, my oldest son kept telling me it isn’t for you, it’s for Jayen. He kept me going.”

The Hochsteins have found a different and reassuring reaction in Cedar County. The Hochsteins post on Facebook times and locations for signings.

She said she usually sits in the driveway and wears a mask and if she’s approached by someone interested in the petition, she maintains social distance and sanitizes the pens between signers.

As a determined mother, she approached people who were very hesitant or wouldn’t sign it at first. She said she asked them if they would take only a couple of seconds to listen.