California  |  Family Law

Legal Question

Asked on: 5/22/13, 8:21 pm

Can the state of CA take away a child from a women who has just given birth if she has marijuana in her system?

1 Answer

Answered on: 5/25/13, 10:50 am by Daphne Macklin

Yes. The fact that marijuana use for medical purposes with appropriate licensing has been quasi-legalized in California does not prevent or preclude child welfare services from removing a newborn from the mother's custody if there is a positive toxicity screen for certain types of drugs.

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Law Office of Daphne L. Macklin P.O. Box 661702 Sacramento, CA 95866

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