Claire and Lola's law goes into effect Monday

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WICHITA, Kan. (KAKE) -

Claire and Lola's law, a law acting as an affirmative defense to those needing CBD oil, took effect Monday in Kansas after being signed by Gov. Laura Kelly on May 21.

According to the law, it is for people who are profoundly ill and can't get relief from pharmaceutical medications. To purchase the oil they will have to get a doctor's note 15 months ahead of time saying it medically necessary. The law acts as an affirmative defense to criminal charges for the possession of CBD with THC in it. THC is what gives marijuana it's high and there can only be 5 percent in the CBD oil according to the law. Also a third party lab must test the oil before it can be sold.

Scott and Gwen Hartley are advocates for the law, taking the charge to get it passed for their two daughters Claire and Lola. They suffer from a medical condition called microcephaly, a medical condition that doesn't allow a child's brain to fully develop. This is the medical condition that took their daughter Claire's life in December.

"It means a ton to us because we'll be able to help Lola and we wish we had a chance to help Claire," Scott Hartley said.

Hartley said his wife is the one that lead the charge for the new law.

"Gwen is a warrior," he said. "She just works and works and works and finds a way."

According to Hartley, reaching this day was a long process through uncharted waters.

"I didn't know how much went into it," Hartley said. "I assumed there was work but it was pretty nuts how much has to happen for something to become a law."

Now, since it is in affect, he said looks back on that process with positivity.

"Just the support of all the legislator's and how well it actually went was shocking," he said.

His profession is glass blowing. He owns a business in Benton where he does that and uses that time as meditation.

"In those moments of clarity when you're focused on what you're doing you can really feel the presence of others," he said. "I feel Claire in those moments.

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