More than 100 families have already signed on to the class action, which will claim that being denied legal use of the medicine they believe is keeping their children alive is a violation of basic human rights.

Victorian mum Cherie O’Connell, who has two children with intractable epilepsy, is driving the legal challenge.

Despite compelling anecdotal evidence of marijuana’s power to reduce seizures in some epileptic children, only terminally ill patients are being considered in a potential new medical cannabis bill in NSW.

Hundreds of Australian parents are illegally using special cannabis tinctures – a form of cannabis oil with little or none of the drug’s psychoactive properties – to treat their children.

“This is not a choice; we were told to take our daughter home to die and we’re doing everything we can to keep her alive,” Mrs O’Connell said.

“We are being discriminated against for wanting what’s best for our children.

“This can’t be resolved at a local level so we’re taking it to the UN international court.”

She said she had been denied respite and childcare for her two epileptic children because authorities would not allow the tinctures to be used.

Tamworth woman Shirley Kirk, whose epileptic nephew Cooper Batten gained national attention after his parents were taken into police questioning for administering a tincture, said the situation had become “farcical”.

“It all comes down to the fact that without the tincture, my nephew would die,” Ms Kirk said.

“Giving a person their best chance at survival is a basic human right.”

Tamworth medical marijuana crusader Lucy Haslam said she had been swamped by stories of parents successfully using tinctures on their children.

“The evidence I’m hearing is overwhelming,” she said. 

“Just last week I was speaking to a Coffs Harbour dad whose daughter couldn’t even speak six months ago because of her seizures and she’s now reading and spelling.

“If you had a child who could die from seizures, wouldn’t you do everything you could to help them?”