QUESTION
Can legal use of marijuana cause you to lose your kids and what are my rights?
Asked on Apr 24th, 2014 on Child Custody - Washington
More details to this question:
Someone made a report stating that I smoke around my kids, which I do not. DCFS wants me to test today, which will be dirty because I am a legal marijuana patient. How can I prevent their intrusion?
8 ANSWERS
James Edward Smith
Where it is illegal, yes it can be used against you.
Answered on Apr 28th, 2014 at 8:43 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Some jurisdictions are really being zealous with these types of prosecutions. You need to look for an attorney that specializes in family law and abuse and neglect cases as well as the medical marijuana act.
Answered on Apr 28th, 2014 at 8:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know that you can. The allegation is that you smoke marijuana around your children. They should have somebody report that they have seen it. Even if it is legal for you to use, it is not safe to do it when you are taking care of children. Just as if you were drunk around your children, even if you did not drink around them.
Answered on Apr 28th, 2014 at 8:43 PM
Bruce Provda
By proving with a doctor's affidavit or other information that it is legal for you to possess this for medical purposes.
Answered on Apr 28th, 2014 at 8:43 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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Possibly. Basically if you smoke weed and your kids live with you in the same house - you are smoking around the kids. But unless DCFS has an open case on you or a court order - simply refuse to take the test. If you are compelled to take the test I highly recommend that you have your prescription with you.
Answered on Apr 28th, 2014 at 8:43 PM
Marijuana use is not legal in Missouri. If you are in a state where marijuana is legal but you are prohibited from using marijuana because of charges of child abuse (I assume this because you mention DCFS), then you won't be able to successfully dispute the dirty drug test.
Answered on Apr 28th, 2014 at 8:43 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You'll probably need an expert to testify that can't tell when you smoked from metabolites. If possible do urine test. It only shows non-psychoactive metabolite that stays in body for 45 days.
Answered on Apr 28th, 2014 at 8:43 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you have a prescription, take it along for the test, show it to them and provide it to DCFS. If you are legally using, then there is no issue.
Answered on Apr 28th, 2014 at 8:43 PM