Mom charged with child abuse after son shares THC-infused gummies with kindergarten class

Sheriff Swanson, Prosecutor Leyton, and Superintendent Spears
Prosecutor Leyton, Sheriff Swanson and Superintendent Spears Photo credit Genesee County Sheriff's Office

CLIO, MICH. (WWJ) -- A Michigan mother is facing child abuse charges after her 6-year-old son got ahold of her THC-infused gummies and shared them with his kindergarten classmates.

Last Friday, students and staff at Edgerton Elementary, in Genesee County's Clio, were evacuated after multiple children fell ill.

Genesee County Sheriff Chris Swanson said the children were experiencing lightheadedness and dizziness. Five students were taken to Hurley Medical Center in Flint.

After food and carbon monoxide poisoning were ruled out, Swanson said the probe — which included many interviews — led investigators to 37-year-old Melinda Gatica of Mt. Morris Township, mother of a student in the class.

It was discovered that Gatica had infused gummies with THC oil and stored them in a LifeSavers candy wrapper that was easily accessible to her child, according to Genesee County Prosecutor David Leyton.

Leyton said he doesn't think Gatica intended any harm, but created what is called "an attractive nuisance" by failing to "safely keep" the gummies.

Leyton said while it's legal to make and possess THC gummies in Michigan, pot edibles must be kept out of the hands of kids.

He called this a "teachable moment."

"If you're gonna do edibles...if you're gonna have gummies...you got to safe-keep them," said Leyton. "It's just like a gun in your house; it's just like a prescriptive drug in your house."

Gatica was arraigned Wednesday morning and released on a $25,000 bond, on the condition that she keep no marijuana or alcohol in her home. She was also ordered to undergo random drug testing.

Gatica's attorney, Paul Scott, said his client understands the seriousness of the charges, and that she's "shaken to the core" about what happened.

He told the judge that Gatica infused the gummies back in October while she was recovering from a rotator cuff injury, and that she doesn't have any additional marijuana, drugs or alcohol in her home.

Second Degree Child Abuse is punishable by up to 10 years in prison, but since authorities do not believe the mom intended to harm the children, any penalty could be less.

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Featured Image Photo Credit: Genesee County Sheriff's Office