the court ordered the baby to remain at the las higueras hospital until it takes a decision during a hearing on thursday .
the hospital said they were following protocol and the baby at risk .
santiago , chile 's capital , was the site of latin america 's first medical marijuana farm earlier this year .
a chilean mother says a hospital is restricting her access to her newborn baby because she said she smoked marijuana .
she says she is not being allowed to breast - feed her daughter and can only see her for two hours a day .
in july chile 's congress approved by a wide margin a bill that seeks to decriminalise personal use and cultivation of marijuana .
chile 's marijuana bill will move to the full chamber of deputies before passing to the senate , a legislative process that could take years .
sindy melany ortiz says she smoked pot to alleviate pain in one of her arms .
sindy melany ortiz said she smoked pot for medicinal reasons to alleviate pain in one of her arms .