CNN reports that Child Protective Services in California were able to remove an 11-month-old boy from the arms of his parents and place him in foster custody without a trial based on the parents’ legally prescribed medical marijuana.
The couple had legal prescriptions for the marijuana and possessed it legally in their home. Social workers assisted by police justified their actions by saying an infant should not be exposed to marijuana regardless of the reason for possession.
Chaninat & Leeds lawyers provide expert legal defense of child custody cases in Thailand
The child was placed in foster care.
The reported case demonstrates that medical marijuana can be used as a ground fojuanar custody denial regardless of a medical prescription for marijuana. In the reported case, state authorities removed the child. however according to attorney Thakoon Chantararangsi of Chaninat & Leeds, marijuana use can also be used in custody disputes between battling spouses in a divorce case.
While medical marijuana use is legal in 20 states and the District of Columbia, the federal Drug Enforcement Administration classifies the drug as a Schedule I substance. Under Thailand criminal law marijuana does have a medical use exception allowed for the general public.
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