YOUNGSTOWN A Youngstown family is hopeful an effort to legalize "medical marijuana" could help their son battle epilepsy.
By a 4 to 3 vote, the Florida Supreme Court cleared the initiative Monday for the November ballot.
But Florida's proposal would not legalize the "smoking" of marijuana recreationally.
At 3 years old, Jacob red can already spell words, names and television stations.
Jacob and his five siblings are homeschooled.
He's already years ahead of the public school curriculum.
But in May 2012, doctors diagnosed Jacob with an epileptic condition that could effect his brain.
Lisa Red say, "You have a child like Jacob that is very smart, and what was very outgoing, and friends with everyone, and then he starts having seizures, and their personality changes. In the worst cases, they stop learning, or they go backwards."
Jacob's body has rejected two seizure medications and is now on his third.
Doctors say if it fails, the only other option is brain surgery.
Lisa is in tears as she says, "You see that on TV and you think, that'll never be my child, and then when it happens to your own child, and you know there's a safe solution or a possible safe solution out there, you'll try anything."
That research led Lisa to a special strain of marijuana oil in capsule form, called "Charlotte's Web".
There's no THC, so there's no marijuana "high".
But the oil capsules, or liquid, can help kids like Jacob.
The family is now on a wait list to move to Colorado, where "Charlotte's Web" is legal.
The Florida Supreme Court's decision Monday is giving Lisa her new hope for an alternative to brain surgery.
Lisa says, "We're so excited because I think it changes our perspective for the year."
Jacob's not alone in his need for medical marijuana.
Basic treats hundreds of HIV and AIDs cases each day.
BASIC CEO/President Valerie Mincey says, "Science has proven that marijuana can be an appetite stimulant, so just speaking hypothetically of course, this could possibly improve and increase the appetite of people living with HIV and AIDs."
Governor Scott has publicly said he will not vote for a medical marijuana amendment.
His likely democratic opponent Charlie Crist says he will vote for it.
The amendment must get 60% of the vote to become law.