UPDATE: Judge expected to dismiss the case against a Colbert County family using CBD Oil

COLBERT COUNTY, Ala. - Leon and Amanda Cunningham say the Alabama Department of Human Resources launched an investigation after it was reported, they treat their daughter with CBD Oil.

Despite all the drama, this case may never see a courtroom.

WHNT News 19 has learned, a judge is expected to dismiss the case against the Cunningham's.  DHR filed a petition in Colbert County Court, revealing they became involved because the school reported Amanda was treating Allie with Cannabis Oil.

Alabama's Leni's Law is supposed to protect families from encounters like these. The law states, "An agency of the state may not initiate any child protection action or proceedings, based solely upon the child's or parent's possession or use of CBD Oil as allowed by this statue."

The incident comes the same week that the DEA has announced they are officially classifying all marijuana extracts as a schedule one drug - casting uncertainty for some supporters of CBD Oil.

You can read the DEA's announcement in this article of the Federal Register.

Several legal opinions published online indicate this shouldn't impact families relying on Alabama's Leni's Law, but still, uncertainty remains.

Fear of Implementation

“If I could see that light in her eye of walking into a mall and not fearing the crowds. Many things over the years that we don’t do anymore because I don’t want to put her in a more traumatic position," said Jody Pope.

Pope's daughter Ashley has autism.

“It relaxes them to feel normal like you and I and everybody takes for granted that we were born that way," said Pope.

Despite being a strong advocate for CBD Oil, Jody has opted to not use it to treat her daughter because of stories like the one in Colbert County.  “It's exactly the reason I haven’t pushed forward to try and obtain it because of where I live. That’s sad, that’s so sad," she said.

A misconception of Leni's Law is that it legalizes CBD Oil. That's actually not the case. The law just protects families that choose to do so.

Jody said she dreams of the day when it's as normal as filling a prescription.  “I think it's going to be like everything else, as Americans, we’ve went through in history. It’s going to take a lot of time, a lot of time," said Pope.