[ASA Field]

ASA Legal Tip of the Month:
Child Protective Services (CPS) & Medical Marijuana

Sadly, being a parent who is a law-abiding medical marijuana patient can be a scary thing. Across the state, CPS agencies enter the homes of qualified California medical marijuana patients, remove their children, and require the parents to take unnecessary drug therapy courses solely based on their status as medical marijuana patients.

ASA takes this issue very seriously, and is working on strategies to better protect MMJ patient-parents. In the meantime, here are some precautions that patients might take to demonstrate to CPS that their use of MMJ has not affected their ability to be good parents.

• Keep all MMJ out of plain sight, ideally in clearly labeled medicinal jars and with other prescription medications, in a place that small children cannot access. If you choose to cultivate, secure the garden in a locked room or devise another way to deny access to children.
  
• If you cook with MMJ, clearly label any resultant food products as medicinal, and keep them similarly far away from any children’s food.
  
• Use discretion when medicating, and do not do so when children are present or in the view of persons who might be looking for a reason to report you to CPS.
  
• If your children can understand, specifically explain to them that the MJ is your medicine and that is not for them (much like any other prescription medications). Furthermore, let them know that it is a private matter, like any other medical information.
  
• In a dual-parent household, work out a routine with your partner where one parent is always unmedicated in case any unexpected issues arise.
  
• Never drive with your children in the car after medicating.
  
• You have no reason to inform CPS that you are an MMJ patient, unless directly asked. Do not volunteer such information without cause.

______________________________________

Help us spread this legal tip around your community! Please download a PDF, print out copies, and distribute at local dispensaries or anywhere else patients congregate.

Download the Southern California legal tip & July calendar.

Download the Northern California legal tip & July calendar.