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California Appeals Court Rules On Parenting and Medical Marijuana Use
IRVINE, CA — In a case that could set a new precedent for protecting medical marijuana patients,
a California appeals court has ruled that parents who use marijuana for medical reasons with a
doctor’s approval are not “drug abusers” at risk of losing custody of their children.
In the case of Drake A. (case # B236769), Division Three of the Second Appellate District, California Court of Appeal ruled on December 5, 2012 that while parents who abuse drugs can lose custody of their children, a parent who uses marijuana for medical reasons, with a doctor’s approval, isn’t necessarily a drug abuser.
Being hailed as precedent-setting, the Appellate Court’s ruling further clarifies child welfare law as applied in such cases, and represents a very significant victory for both the appellant and his legal counsel.
“The ruling illustrates a growing recognition of the legitimate use of medical marijuana in this state and other states,” says attorney Lauren K. Johnson. “We want kids to be safe, but we also want parents to be able to use legally prescribed medications when children appear not to be at demonstrated risk of harm.”
In overturning a Los Angeles Superior Court ruling against the plaintiff, Los Angeles County Department of Children and Family Services, the Appellate Court said the “mere usage of drugs,” including marijuana, is not the same as substance abuse that can affect child custody, as alleged in this case by the lower court.
The court held that substance must either be diagnosed by a doctor or show up in a person’s behavior, such as absences or poor performance at work or at school, driving under the influence, or recurrent social or interpersonal problems. The Appellate Court emphasized that none of that happened in this case.
The father had testified that he uses medical marijuana for arthritis about four times a week, and does not use it in front of his child or care for the child while under the influence. He has been employed for many years and is capable of supporting his child, the court found.
http://www.thedailychronic.net/2012/13737/califorinia-appeals-court-rules-on-parenting-and-medical-marijuana-use/
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