Despite the fact that the federal government has completely prohibited marijuana, medical or otherwise, there are now 20 states, including Michigan, that have approved marijuana for medical purposes.  There are also 17 states that have effectively “decriminalized” the possession of small quantities of marijuana for personal use.

But while many view these changes as positive signs that the government is moving in the right direction with regard to marijuana, there are still many people who are caught in the middle, especially when it comes to their kids. Parents around the US have been recently faced with the loss of their children, or their parental rights, as a result of exercising a right that was granted to them by the state they live in.

There is currently no data to show how frequently marijuana comes up in custody disputes, or even how often CPS workers intervene in homes where marijuana is consumed, but that isn’t to say that these issues don’t come up. Being accused of “child endangerment” for doing something that is legal where you live is a scary proposition.  It’s one that comes up more often that you think.

Child Endangerment is defined by United States law as any conduct that is wrongful, reckless, or wanton, and is likely to produce death or bodily harm to a child. Under U.S. law, marijuana is still a Schedule 1 drug in the Controlled Substances Act, along with heroin and LSD. In this light, it only makes sense that any parent using a schedule 1 drug in their home, where they live with their children, is guilty of child endangerment.

But what happens when the state you live in decriminalizes a schedule 1 drug, making it legal for you to possess and consume it? In the absence of any real legal guidelines on that subject, there are a growing number of blogs and webpages providing council for parents who are faced with police and child protection agencies attempting to intervene on behalf of their children whom they believe to be endangered.

Maria Green, a mother from Lansing, Michigan, temporarily lost custody of her infant daughter for three months last year.  She knows exactly how awful this situation can be. “The need for better standards about when marijuana endangers kids is growing by the day!” she said.

Green grows medical marijuana for the treatment of her husband’s epilepsy. Although the Michigan Medical Marihuana Act states that parents will not be denied custody or visitation with a child if they are in compliance with the state’s law on marijuana use and possession, Green became involved in a legal battle with her ex-husband and, as a result, her daughter was required to live with a grandparent until the issue was resolved.

“I never in a million years thought that they were going to take my daughter,” said Green, when discussing her ordeal. “I know that there’s a place for child protection, but I would love to see it used to protect kids from being actually hurt!“

While the future may see great strides made in resolving these issues, and in aligning state and federal statutes regarding marijuana, as of now Michigan parents are advised to seek out the counsel of a seasoned CPS lawyer when confronted with this issue. If you are at risk of having your children removed from your home for your legal consumption of marijuana, contact us immediately. We can help.