As Massachusetts’ Question 4 becomes law, parents will be better protected
November 8th, 2016 was a historic day for marijuana policy reform, with eight states passing ballot measures either legalizing adult use of marijuana or establishing medical marijuana programs. The passage of Massachusetts’ Question 4 was also a landmark victory for parents adversely affected by marijuana prohibition, as the ballot initiative included parent-protective provisions. Today, the Regulation and Taxation of Marijuana Act goes into effect and Massachusetts parents will be better protected from unnecessary CPS intervention. While Massachusetts is not the first state to have provisions to protect parents, it is the first to have strong enough language to help ensure that parents cannot lose their custody, visitation, or parental rights based solely on their cannabis use. Question 4 included the strongest parent-protective provisions of any marijuana law that has ever passed in a US state. Despite the fact that more than half of the country has repealed some form of marijuana prohibition, families are still left behind without policies in place to protect parents from facing Child Protective Services (CPS) actions for their cannabis use. In states where marijuana is legal for medical and/or adult recreational use, parents are still having their custody challenged, or even their parental rights completely terminated, based on their use of an otherwise legal substance. Parents have even been accused of child abuse or neglect for state-legal marijuana use alone. If normal and responsible use of alcohol or legally prescribed medication do not affect an individual’s ability to be a parent and do not warrant CPS intervention, then normal and responsible use of medical or recreational cannabis should also not warrant CPS intervention. Parent-protective provisions must be included in marijuana legalization initiatives to make sure that parents who use cannabis can retain their rights. Question 4 is precedent-setting for all future medical marijuana and adult recreational use legislation and ballot initiatives. The provision included in Massachusetts’ Regulation and Taxation of Marijuana Act uses language from Family Law & Cannabis Alliance’s model parent-protective language. FLCA founder Sara Arnold and FLCA Board of Directors member Shaleen Title worked on getting this parent-protective provision in the ballot initiative by advocating for its inclusion and editing it to satisfy the bill’s drafters. FLCA’s model language was carefully crafted to ensure full protection from CPS investigations, assessments and proceedings as well as custodial matters between parents in family court. The language in the Regulation and Taxation of Marijuana Act does not ensure such full coverage but prevents CPS from using cannabis as a determining factor in custodial and termination of rights cases and other proceedings. California’s Proposition 64 also included some parent-protective language that was based on FLCA’s model language. However, Proposition 64 will be very limited in protecting parents as the parent-protective provision is restricted to medical patients and allows state-legal cannabis use to be a determining factor in child custody. It is still too early to tell how the new laws will play out in family court and how CPS will respond, as they are likely to fight back while the law’s regulations are being written and for some time to come after. However, Family Law & Cannabis Alliance is ready to put pressure on those writing the regulations to fully implement the parent-protective provision and assist with ensuring the laws are followed by the Massachusetts and California state governments....
Read MoreNew State Profile: Florida
Our newest state profile is the sunshine state of Florida. Unsurprisingly, Florida has some of the harshest policies we’ve come across so far. These policies as well as the laws and regulations are extensive and complicated. We break it down for you to only what is relevant for a parent who uses cannabis or a child who is being treated with medical marijuana. As always, we welcome your feedback! Please share this with your friends so all Floridians can benefit!
Read MoreMichigan SB736: Bad for Parents
In Michigan, State Senator Rick Jones has introduced SB736. The text in summary: Michigan parents who are also medical marijuana patients should be investigated and determined by CPS and/or family court whether they can actually parent, required to release their medical records in perpetuity, forced into a medical evaluation by a court-appointed doctor, and be forced to stop cannabis medication or be constantly watched if allowed to remain a patient (as well as “any other order necessary”). Full text of the bill is here. Most of the parts of SB736 line up with what already exists in Michigan laws and policies about CPS and medical marijuana (see: our state profile). Which is to say, it is already true that medical marijuana patient parents are investigated to determine if they are non-neglectful and non-abusive (or at future risk of such), forced to stop their medication in the context of a service plan, etc. There just hasn’t been an attempt to codify it in quite this manner and to this extent. This has a history. State Senator Rick Jones made an inquiry to AG Schuette on application of the protections in the Michigan Medical Marihuana Act to CPS proceedings, about which an advisory opinion was released in May 2013. That opinion didn’t have the force of law, but can be considered by courts deciding novel legal issues. Evidently this legislator took it upon himself to introduce a bill on the basis of some the answers he received from AG Schuette; answers which largely equated to Michigan’s parent-protective provision not really providing much protection. However, State Senator Jones actually goes against parts of the opinion. The Attorney General does not give room for a family court doctor giving their take on a patient’s status — CPS and juvenile court may not determine who is a patient or a caregiver. It also seems as if he is attempting to reduce the burden of proof and evidence required to determine if a parent’s behavior poses an unreasonable danger to the child. Additionally, since medical marijuana is against federal law, it cannot be prescribed as it erroneously states in the text of SB736. Medical marijuana can only be recommended by qualifying physicians in any state which has an active medical marijuana program. Keep in mind this bill was only just introduced, and has a long way to go before it passes anything, much less becomes law. I would urge Michigan residents whose State Senators are on the Judiciary Committee to contact them and ask them to oppose this...
Read MoreVideos from the DPA Reform Conference in Denver!
Weren’t able to attend the Drug Policy Alliance (DPA) 2013 International Reform Conference in Denver this past October? Sad to miss FLCA co-founders Sara Arnold (aka Sahra Kant) & Jess Cochrane on the CPS and family court panel? Want to watch it at home? Now you can! On Saturday, October 26, 2013 both FLCA co-founders, Sara Arnold (aka Sahra Kant) and Jess Cochrane, participated in “Overlooked Punishment: The Drug War’s Insidious Reach Beyond the Criminal Justice System” panel with Dr. Carl Hart of Columbia University, Emma Ketteringham of Bronx Defenders, Dr. Kay Teel of University of Colorado School of Medicine, and moderated by Lynn Paltrow of National Advocates for Pregnant Women (NAPW). Q&A following Drug Policy Alliance (DPA) 2013 Reform Conference “Overlooked Punishment: The Drug War’s Insidious Reach Beyond the Criminal Justice System” panel. Questions are from attendees including activists, grandparents, hospital administrators, a Texas judge, and more. Check them out!...
Read MoreNew State Profile: New Jersey
FLCA is pleased to announce a new state profile: the garden state of New Jersey! This state has some of most favorable case law for parents who use medical marijuana — and a particularly unfavorable law for people who sell cannabis to pregnant women. Check it out! We welcome your feedback. Of course, please share with your friends and colleagues! Please note that our Massachusetts profile has also received an update. Remember, the next state will be decided by you via our...
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