Cannabis and Child Abuse: The Proximity Dilemma

For many medical marijuana patients, simply having cannabis in a house where children reside could result in claims of child abuse.

“In Colorado, Michigan and New Jersey there have been cases of parents losing custody of their children after accusations from neighbors or schools that marijuana plants found in a home with children endangers the kid’s lives. The dilemma: For many states, pot won’t bring criminal charges, however the same plant can be evidence in a child custody or abuse case. Colorado considers adult marijuana use legal but pot and other Schedule I substances are under federal law. Therefore, the Associated Press says pot can’t legally be in a home where children reside.”

I know I have beaten this horse to death on many occasions, but how in the hell can a claim of child abuse be leveled against a fully compliant MMJ patient simply for having legal medication in the same home as a child? And, come on, “endanger the child’s lives?” What is the kid doing, wearing the Zip-Loc on his face like a gas mask?

No one runs the risk of being labeled an abuser of children for having aspirin, chardonnay, or peanuts in their home. All of which are fully legal to have, unlocked, in your home and all of which have killed more children this year than pot ever has.

The problem is again with the shifty grey area between federal and state law. Efforts to establish some standard of what child abuse via cannabis might look like have failed miserably.

This is such unmitigated crap. Two people living on the same street in the same city could have nearly identical lives. Both have 2 children, hold down good jobs and are generally nice members of society. Person A is a MMJ patient who smokes cannabis but keeps their buds locked up, out of access for children. Person B does not use cannabis, but has a full fridge of beer in the garage, unlocked. Neither person abuses their child in the traditional sense (verbal, physical, emotional) and both sets of children are good kids.

Tell me if you think either of these people should legitimately be labeled as a child abuser simply because there are drugs within X number of feet of a child?

No. Of course they shouldn’t. So, outside of “real” child abuse, the only rational explanation of what cannabis child abuse might be hinges upon the childen getting their hands on the weed and using it. Look, I don’t think that children (outside of those like little Ms. Figi who truly need cannabis as medicine) should be using alcohol or cannabis. But I do think that, in an apples to apples comparison, how on earth is it deemed abuse to have cannabis in your home when having an open bottle of Everclear on the kitchen table isn’t even enough to get a second glance from the authorities?

For that matter, why aren’t we seeing more child abuse claims being tossed at cigarette smokers who smoke in the home with their children? Based purely on proximity (out of tobacco, alcohol and cannabis), second-hand tobacco smoke is arguably the most outright hazard to children. But why stop there? Some might make a pretty convicing argument that taking your kids to McDonald’s constitutes child abuse. I know I’d rather see a joint in my son’s hand than a McFlurry.

I wonder how starving people feel about PETA?

I am, of course, being facetious. I don’t think we should be calling people who aren’t legitimately abusing their kids child abusers. That label is horribly detrimental on a personal record. I would hate to lose out on a job or a home loan someday because some douche decided that me smoking a J and watching Letterman after my kids are asleep is putting my boys in a harmful environment.

All that we in the cannabis-legality movement really want is to be treated fairly. I am weary of being put in a tiny, stigmatized box simply because people don’t like weed. Personal preference should not dictate law. You can’t make being an asshole illegal any more than you should be able to vilify cannabis users based on nothing substantial.