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Parents using medical marijuana regain custody of baby

Parents in New Mexico may want to know of a case involving Child Protective Services taking away an infant daughter in Michigan. On Sept. 13, two parents in Michigan were shocked when CPS continued to take their infant daughter away from them. Child Protective Services workers believed that the parents were possibly exposing their infant daughter to medical marijuana. Both parents were state-approved medical marijuana users, but authorities continued to take the infant daughter into state custody.

The case has raised questions concerning child custody issues for parents who are medical marijuana users. It has also spurred outrage from supporters of medical marijuana in Michigan. Supporters were found wearing green clothing and ribbons outside of the courtroom. Four attorneys volunteered their time to assist with the case.

The couple, who have not been the first to face legal issues regarding the use of medical marijuana, was also charged with manufacturing marijuana after Oakland County police found them growing the drug in their home. However, the recent court order will now enable the couple to continue growing medical marijuana. The father uses medical marijuana to treat his epileptic seizures, and the mother continues to operate a home-based medical marijuana business to meet mortgage payments.

The Ingham County assistant prosecutor who is handling the case has declined to offer a public comment. The main prosecutor has also declined to offer a public comment regarding the parents' fitness in raising their infant child. He has stated that he hopes parents using prescription drugs will continue to do so in a safe manner in front of their children. A family law attorney may be able to help those who have had their children taken away as a result of their legal drug use. An attorney could inform their clients of the law and represent them in court.

Source: USA Today, "Medical marijuana-using parents get baby back", Bill Laitner, October 25, 2013

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