Legal Question in Family Law in California

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

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

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. 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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Answered on 5/25/13, 10:50 am


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