As Marijuana is legalized in more and more states for medicinal and recreational purposes, you may wonder how CPS is keeping up with the changing times. Well…CPS hasn’t changed the way it addresses marijuana use and in this article, we’ll go over in detail just how they address it.
CPS identifies marijuana use in one or more of the following ways: by eyewitness accounts (from your child(ren), other adults in the household, law enforcement or collateral contacts such as neighbors, friends or relatives who do not live in the household). CPS also uses CPS investigator observation (such as the smell of marijuana in the home or visual identification of marijuana or marijuana paraphernalia in the home), as well as by drug test. Occasionally, hearsay is used, too, but when it is, is typically used in conjunction with other evidence. When there are allegations or suspicion of marijuana or other drug use, CPS will request you submit to a toxicology screen (drug test). If they do, it is within your rights to refuse. However, if you refuse, CPS may seek a court order to force you to take the drug test. You can determine your risk by assessing the evidence CPS may have to obtain a court order, as well as the allegations in the report. You may also want to get a drug test at your own expense in the event the drug test CPS performs ends up being a false positive. If you take any prescription or over the counter medications that may turn up as a false positive on a drug test, make sure you have documentation of this from your prescribing doctor.
CPS doesn’t care about what drugs you use or the legality of them; just how that drug use affects your child(ren). In the case of newborn infants where the mother used Marijuana doing pregnancy, CPS identifies it as a safety concern due to how marijuana use during pregnancy can affect fetal development, as well as potential developmental or physical abnormalities after the baby is born. The reason they wait to remove until the baby is born is CPS does not have jurisdiction until the baby is born. While most hospitals perform toxicology screening (drug tests) on newborn babies, this is more common at public (government-owned) hospitals than at private hospitals. Drugs such as marijuana can cross the placenta and that’s why they can test positive at birth. Drug tests are not typically performed for home births.
In cases where the infant is at home or the child(ren) are older, CPS bases its assessment solely on exposure and supervision. If you are smoking marijuana in the home (even if you’re not smoking it in front of them) or leave edibles unsecured where a child may be able to access them, this is considered a safety concern for the child and this alone can result in a substantiated case. In addition, if you are supervising your child(ren) while intoxicated with marijuana (even if it’s only a puff or two or an edible), this is also considered negligent and a safety concern. While removal is much more likely in cases where a newborn infant tests positive for marijuana in the hospital, the allegations would be substantiated in all scenarios described above.
At CPSprotect Consulting Services, we recommend you not smoke any marijuana during pregnancy- whether it’s medicinal or recreational. CPS does not differentiate between the two use cases. If you do take it for medicinal purposes, speak to your doctor about a different medication to take during pregnancy. We also recommend that, if possible, you give birth at a private hospital or pursue a home birth instead. If your child(ren) are older, follow a few general rules and CPS should not have any concerns about your marijuana use:
- Do not smoke marijuana in the home (this includes the entire home), even if your child(ren) are not present in the home or are in another room. Smoking outside is acceptable as long as your child(ren) are not in close proximity.
- If you are consuming marijuana, have a trusted adult who has no drugs or alcohol in their system supervise your child(ren) while you use marijuana elsewhere. Send them to a friend’s house if needed
- Do not use marijuana in any form in the presence of your child(ren).
- Store your marijuana securely in a lockbox or safe in a place where it is inaccessible to your child(ren)
While marijuana has been legalized at the state level in many states across the country for both medicinal and recreational purposes, CPS may still impose consequences depending on when, where and how you use it. It is important to keep in mind the contexts in which it could get you into trouble with CPS: supervision of your child(ren), potential exposure to your child(ren), during pregnancy and in the home. If you don’t, CPS could substantiate a case against you, take you to court or even worse- remove your children and place them in foster care, kinship care or an institution. Don’t let it get that far. By avoiding situations where your child(ren) could potentially be exposed to marijuana as CPS defines it, you can preserve your rights and protect your family at the same time.