How CPS Handles Abuse Investigation When Drugs Are Involved (Pt 3)

Marijuana  on table
The legalization of marijuana in Michigan will change a lot for CPS, but not necessarily make investigations any easier for parents.

Welcome back and thanks for joining us for the wrap up of this discussion about drugs and how they can impact a CPS investigation in Michigan. Previously we’ve looked at what the role of a CPS worker is and how that often gets lost in the mix when drugs are involved, and why dealing with the issue properly is so incredibly difficult for the state. In wrapping up we’d like to talk about one last subject that ties in nicely to the issue of CPS investigations here in Michigan and drugs – the legalization of recreational marijuana.

Legalized weed in Michigan changes a lot for CPS!

Before November of last year, if CPS showed up at a home and found a parent high, or found weed growing in their basement, that was automatically grounds to consider removing their kids. Now all of that has changed. The use of recreational weed is legal, and CPS no longer has the right to punish parents for doing something that isn’t against the law. However, that’s the catch right there – “doing something that isn’t against the law.”

Michigan’s new pot law is very clear!

Just because weed is legal for recreational purposes now, doesn’t mean that anyone can have as much as they want, whenever and wherever they want. There are very clear parameters on who can use it, how it is supposed to be stored, and how much you can have. For example, you have to be 21 years old to legally use recreational pot. Also, you have to store your pot in a secure location where your children won’t have access to it.

Breaking the law can have very serious consequences!

If a parent doesn’t pack away their weed after they get high, and their child gets into it, they risk a lot if CPS shows up at their door! A parent who grows weed but doesn’t keep their plants under lock and key, inaccessible to their kids, is going to get into serious trouble! A parent who smokes marijuana in front of their children, or allows their kids to get high off the second hand smoke, is making a big mistake!

CPS doesn’t need much provocation to take your kids!

A CPS worker has a lot of discretion when it comes to deciding that a child is at risk. If they show up at your home and decide that your drug use, even if it’s a completely legal substance, has put your child at risk of neglect, you could lose custody of your kids. Ans as you already know, even if the removal was completely unjustified, it can take months of fighting to get the court to reverse the order!

Make sure you get help from the right people!

On our Abuse and Neglect Defense website we provide some good tips for parents who choose to use marijuana recreationally now that it’s legal, but don’t want to get into trouble with CPS or the police. We also share a few important pointers for those parents who have already come into contact with CPS or law enforcement, regarding marijuana use. However, if you or a loved one have already been accused of child abuse or neglect in Michigan, call The Kronzek Firm at 866 766 5245. Our skilled and experienced CPS defense attorneys are standing by to help you!


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