CA: Children Can Not Be Taken Because Of Medical Pot Use

Discussion in 'Medicinal Marijuana' started by Monterey Bud, Dec 8, 2012.

  1. Monterey Bud

    Monterey Bud Administrator Staff Member

    Filed 12/5/12

    CERTIFIED FOR PUBLICATION
    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    SECOND APPELLATE DISTRICT
    DIVISION THREE
    In re DRAKE M., A Person Coming Under the Juvenile Court Law.
    B236769
    LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,
    Plaintiff and Respondent,
    v.
    PAUL M.,
    Defendant and Appellant.
    (Los Angeles County Super. Ct. No. CK50724)
    There aren’t many things that make me sadder than hearing stories about parents having their children taken away. Unfortunately, that was the case with a family in California in May 2011. The family was reported for being marijuana consumers with a child in the residence, which resulted in a visit from the California Department of Children and Family Services (DCFS). During the visit, the child in question’s parents provided information that they were medical cannabis patients. After a battle with DCFS, the child was placed into protective custody.​
    Fortunately, the case was appealed, and the parents won on appeal. The court ruled that DCFS failed to show that the parents were unable to provide regular care for the child in question due to medical marijuana use. Medical marijuana use alone is not sufficient to take a child away. I truly hope that this ‘de facto’ policy of DCFS is changed, and that no more parents and children have to suffer. Below is the main part of the court’s ruling​


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