SalemNews.com, Salem, MA

Nation/World

June 16, 2014

Changing pot laws prompt child-endangerment review

DENVER — A Colorado man loses custody of his children after getting a medical marijuana card. The daughter of a Michigan couple growing legal medicinal pot is taken by child-protection authorities after an ex-husband says their plants endangered kids.

And police officers in New Jersey visit a home after a 9-year-old mentions his mother’s hemp advocacy at school.

While the cases were eventually decided in favor of the parents, the incidents underscore a growing dilemma: While a pot plant in the basement may not bring criminal charges in many states, the same plant can become a piece of evidence in child custody or abuse cases.

“The legal standard is always the best interest of the children, and you can imagine how subjective that can get,” said Jess Cochrane, who helped found Boston-based Family Law & Cannabis Alliance after finding child-abuse laws have been slow to catch up with pot policy.

No data exist to show how often pot use comes up in custody disputes, or how often child-welfare workers intervene in homes where marijuana is used.

But in dozens of interviews with lawyers and officials who work in this area, along with activists who counsel parents on marijuana and child endangerment, the consensus is clear: Pot’s growing acceptance is complicating the task of determining when kids are in danger.

A failed proposal in the Colorado Legislature this year showed the dilemma.

Colorado considers adult marijuana use legal, but pot is still treated like heroin and other Schedule I substances, as they are under federal law. As a result, when it comes to defining a drug-endangered child, pot can’t legally be in a home where children reside.

Two Democratic lawmakers tried to update the law by saying that marijuana must also be shown to be a harm or risk to children to constitute abuse.

Text Only | Photo Reprints
Nation/World

Local News
  • 140765_SN_DLE_FESSENDEN4 Special Spaces transforms two downstairs rooms into playroom for Riley Fessenden

    BEVERLY -- What happens when the perfect kid-friendly playroom appears in your house overnight? Beverly's Fessenden kids were mostly speechless when they returned from seeing "The Little Mermaid" on Saturday and got their first look at the playroom t

    July 28, 2014 10 Photos

  • Beverly Hospital courier loses patients’ lab forms

    BEVERLY -- A courier for Beverly Hospital last month lost lab request forms for 54 patients that included names, health insurance identification numbers and, in some cases, Social Security numbers. The courier misplaced the forms, which were in a zip

    July 28, 2014

  • Big plans for three parks in the Point neighborhood SALEM -- One will be overhauled, another created from scratch, and a third will get a spiffed-up community garden. It's a good time to be a park in the Point neighborhood. The densely packed area just south of the city's downtown is on the verge of i

    July 28, 2014

  • Peabody could see school choice profit next year PEABODY -- After three years, the city's schools are projected not only to break even on school choice, but actually make a $30,000 profit. School officials expect to lose just under $300,000 in state aid next year for students who opt to attend scho

    July 28, 2014

  • 140723_SN_DLE_SALVARMY2 Dennis and Susan Knight take over Salem Salvation Army operation

    SALEM -- It was Christmas Eve in Sanford, Maine, but 8-year-old Dennis Knight and his three sisters had good reason to be short on holiday spirit: Their mom and dad had warned them there would be no Christmas that year. The family couldn't afford it.

    July 28, 2014 3 Photos