Welcome back, and thank for joining us again for this rather controversial discussion about kids and medical marijuana use in Michigan. In our previous article we talked about two separate cases here in Michigan. One ended with a child receiving legal medical marijuana treatment, while the other ended with child abuse charges. The difference, as we pointed out, was whether or not the parents followed protocols!
A parent who followed Michigan’s protocols for getting a legal patient card for their child should be fine. Though that makes it sound very simple. And it isn’t! Getting a patient card for a child in Michigan is actually very difficult! Currently there are about 200 children in the entire state of Michigan who are approved for medical marijuana use. And while that number is still relatively low compared to registered adult users, it is still more than three times higher than it was only a few years ago.
Medical marijuana laws have changed recently!
In addition, Michigan’s laws governing the use of medical marijuana by children have changed recently. From it’s inception in 2008 until September of 2016, oils, edibles and other marijuana derived products were illegal in Michigan. Children approved for medical marijuana use were allowed to smoke it, but they couldn’t use the derivative products! Parents who chose to use cannabis oil instead, which many say is preferable to having their child smoke marijuana, did so at great risk of CPS intervention!
Last year in 2016, the law was finally amended to include products more suitable for children. The Act now defines a marijuana infused product as “a topical formulation, tincture, beverage, edible substance or similar product containing any usable marijuana that is intended for human consumption in a manner other than smoke inhalation.”
Not following protocols can result in very serious charges!
While federal law still forbids the use of marijuana, medical or otherwise, for both recreation and the treatment of illnesses, Michigan state law allows it. However, that law is very specific about what a parent needs to do in order to let their child use medical marijuana. And parents who choose not to follow protocol risk charges of child endangerment, child abuse and drug possession.
Being charged with child abuse can mean thousands of dollars in fines and court fees, years behind bars in prison, and the risk of losing your children to CPS. If a CPS worker believes that you have endangered your child by exposing them to illegal drugs, they are likely to turn the case over to the police. You could end up facing criminal charges as well as a petition in family court to have your children removed from your custody.
If you aren’t sure about letting your kids use marijuana, talk to an attorney first!
Because the law changed regularly, it can be hard to keep up. Hard to understand what is legal now, and what you’re allowed to do as a parent. However, the price you may end up paying for not having updated information, or for misunderstanding the law, could be more costly than you ever imagined! After all, how do you put a price on your family’s safety and security?
So if you have a child with serious medical concerns, and you’re considering a treatment plan involving medical marijuana, please contact us first. We can explain the law to you and help you understand exactly what your rights are in Michigan as a parent. Don’t put your freedom on the line, or risk losing your family. Call us immediately at 866 766 5245. Our skilled CPS defense attorneys can help you make the best choice.