'Hey Mommy, Pass the Bong!' How MI's Medical Marijuana Law Gives 'Extra Protection' to Parental Custody & Parenting Time Rights
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Parents, have you been to "Doobies R Us" with your kids lately? I didn't think so. Now that Michigan has had the "Medical Marihuana Act" in effect since Dec. 1 of 2008, many figured it would have been just a matter of time before you could shop at your local strip mall for groceries, toys, pet supplies, and–pot! Thankfully, the law (and you can read the entire lengthy law here: http://www.legislature.mi.gov/(S(jpwqeg55dwqb4k45321jjf45))/mileg.aspx?page=getobject&objectname=mcl-333-26421) has been challenged in many areas, and some of its provisions are still subject to interpretation and enforcement by the courts.
But usage of Michigan's Medical Marihuana law–like the plants themselves–is growing and spreading. The law, which is "MCL 333.26424," details all sorts of specifics for those who want to grow, sell, or use medical marijuana.
One part that has particularly been of interest to many persons who would otherwise not care about the details of the law, but which comes up from time to time within the larger issues of Child Custody and Parenting Time, and which affects Family Law issues in Michigan, is Section 4(c), which states: "A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated."
What exactly does this mean? In the context of family law, this line in the Medical Marihuana Act clearly provides what amounts to "extra," or special protection, to persons who are growers/providers/users of medical marijuana. The statute's language is apparently lenient on the person using or growing medical marijuana, and is stringent as far as the amount of proof that the other parent has to provide to show the minor child is likely to be harmed.
There is nothing in the law that prohibits children from being around a "stash" of weed or pot plants either, which is a bit unnerving when you consider all the other safety precautions we readily install in our homes to protect children such as cabinet locks and safety knobs for doors, baby gates and socket covers.
What precisely would be considered an "unreasonable danger" under the law? The answer apparently rests on a case-by-case basis. However, just because something is "legal" doesn't mean it's a good idea to be engaging in that activity–and caregivers, parents, etc. who are also utilizing the Medical Marihuana Act's provisions had best be careful not to cross a line in which the courts would find their activities exceed what is "reasonable" conduct around children.
For example, a qualifying patient cannot possess more than 2.5 ounces of marijuana, and a "caregiver," aka person who grows the marijuana, can have up to 12 plants per person that he supplies. So, if a parent followed these guidelines, and he/she had a valid registry identification card, not only could the the police not arrest him/her but the courts would have to presume the drugs are being used for medicinal purposes. Any challenge to the parent's Custody or Parenting Time would likely be snuffed out and defeated.
However, if the parent had a pool table-size greenhouse growing, with overhead lamps and humidifiers, growing dozens of plants, then it's more of a danger. If a mother or father doesn't follow the Act's guidelines, doesn't have a card, and is just growing weed to enjoy life a little more, then it's more likely that parent is simply a drug dealer/user and you can attempt to use this information against him or her in court with respect to Parenting Time or Custody. The specifics of the "growing room" example can be a factor to consider, too, as the law does require the plants to be kept in an "enclosed, locked facility." (Common sense would say you should lock them up if it's your livelihood–and to be careful, as with firearms.)
MCL 333.26427 sets forth many other things you can't do while using marijuana, and where you can and can't possess and smoke it. But absent an arrest or an admission by the parent, it won't be easy to disturb someone's custody or parenting time rights if they smoke or grow marijuana within the guidelines–even if the guidelines are regularly and routinely crossed somewhat by that parent.
Obviously some people are going to hide behind MI's "Dr. Dope" law to legally continue their abuse of marijuana without fear of repercussions in regard to their Parenting Time or Custody. Clearly exposing your children to this type of activity can have dire moral consequences. And while there are also legitimate uses for this drug and for some people this is the last option to alleviate their pain and illness, it's ironic that we expend resources and effort on educating our young children about drug abuse in schools (through programs like D.A.R.E., Drug Education Resistance Education, for example) and yet have the loophole of "medicinal Mary Jane" when they come home to their parents.
For the time-being, litigation in family law court surrounding the Medical Marijuana Act is sure to rise–in particular, what is unreasonable (or even dangerous) in the context and presence of minor children will be debated and argued about. At some point some kids' moms and dads may even get burned by their usage of legal reefer.
And if they're not careful in adhering to the statute (and state guidelines) they may see their chances of keeping or sharing Custody or Parenting Time go up in a "cloud of smoke."
(Richard G. Marcil www.MarcilAttorney.com 586-412-0444 is an attorney in Clinton Township practicing in divorce, criminal defense, civil rights, and personal injury cases, as well as juvenile, Probate, real estate and business litigation.)
Lilly
12:17 pm on Tuesday, January 24, 2012
Business must be slow.
Dr. Bob Townsend
2:30 pm on Friday, February 3, 2012
Cute story, very entertaining. I especially like the visual of a toddler smoking marijuana with mom.
If you would like to engage in a serious debate on this subject give me a ring and we'll talk the realities of 'medical' marijuana and leave the fear mongering to the professionals. Like the Attorney General.
Dr. Bob Townsend
www.drbobmmj.com
Dave
1:04 pm on Thursday, February 16, 2012
Did anyone else see a point being made or any issue being discussed? Opinions are easy to find... but this one isn't even very clear. For the record Dr. Bob.. i'd love to see that debate. Need any real professional's opinions about what really is abuse just ask me.
Dr. Bob Townsend
9:19 pm on Friday, February 3, 2012
Next time, maybe you could add a sleeping puppy. This looks like a rather blatant attempt at creating more billable litigation by making a non-issue something that generates billable hours in the emotion driven family courtroom. Perhaps If 'mom' had rods in her back and took vicodin, we can fight for months over her 'narcotic addiction'. Anything to generate anger and blame to prolong the agony of divorce.
Concerned MI Mom
7:48 pm on Wednesday, March 7, 2012
I'm absolutely appauled that my ex-husband smokes marijuana around my kids! He takes them over to his buddies and they cut up a kitchen table full of weed in front of them and smoke bongs of marijuana around them. I'm outraged! It would be one thing if he didn't advertise his use in front of our kids and went outside to smoke it. But I find it highly immoral that he tells them that it's medicine and acts as if there's nothing wrong with him doing it in their presence. My kids recently accidently ingested pot cookies at his house. My 9 yr old son ate 7 cookies and then slept for 20 hours and he never took the kid to a Doctor! I did not find out about this until my ex-sister in law called and told me two weeks after this happened. I am really sick about this. Dr Bob please tell me how in this particular situation their father should have any business having any parenting time with them period. Did I forget to mention that Marijuana IS the GATEWAY drug. Sending messages to children that pot use is ok and even actually good is a really bad idea.
Whitney Hickman
12:10 pm on Wednesday, June 6, 2012
I am writing this to inform you of things, not to bash you. I believe that people are far too uneducated about the law, including the author of this article, for their own good and further create the stigma of "reefer madness".
1) It states in the Medical Marihuana Act of 2008 that all plants need to be in a locked, enclosed facility. If they are out of that facility, they are not within the law. To my knowledge, people/parents do not have their medicinal plants all willy nilly around their house like potted house plants. If they do, they are not within the law and are punishable by the state. And although the MMMA 2008 Act protects patients from the removal of custody and parenting time, they do expect a typical set of unspoken guidelines to be able to use that defense in court. Friend of the Court and Child Protective Services expect the medical marijuana to not be around the children when not in use and ask that all marijuana (smokable, medical edibles (what you poorly called "pot brownies"), lotions, et cetera) be in an area where children cannot access them (like an enclosed, locked facility or a locked suitcase). I am unaware of how they feel about parents medicating in front of their children, although I do not see an issue with it. To me, medicating with cannabis in front of their children is no different than someone taking a pill in front of their children...
Whitney Hickman
12:16 pm on Wednesday, June 6, 2012
2) Your son ingested 7 "pot brownies" & slept for 20 hours. The worst side effect of that was the sleeping, as cannabis has no long term negative side effects. And because of this, you are up in arms. While I believe it wasn't your ex husbands smartest move ever, there are worse things your child could have been exposed to and ingested. I bet if you went over there today and saw a Tylenol bottle on the counter you would not be blogging about it. Yet, Tylenol causes hundreds of deaths in children every year.
3) A gateway drug? Really? Marijuana is no more a gateway drug to serious hardcore drugs as drinking milk as a child is to becoming an alcoholic later on in life. The only reason people even associate marijuana with being a gateway drug is because of prohibition. When it is legalized for medicinal or recreational purposes, people can legally obtain cannabis and do not stray to try other types of a "high".
Next time before you get mad about everything and start threatening to remove your children from parenting time with their father, at least have a basic knowledge of the law, side effects of cannabis, and all of the other things that are more likely to cause harm to your child. Better check for 5 gallon buckets while you are over there; children drown every month in those as well vs. not a single recorded death from marijuana.
Whitney Hickman
12:17 pm on Wednesday, June 6, 2012
I am writing this to inform you of things, not to bash you. I believe that people are far too uneducated about the law, including the author of this article, for their own good and further create the stigma of "reefer madness".
1) It states in the Medical Marihuana Act of 2008 that all plants need to be in a locked, enclosed facility. If they are out of that facility, they are not within the law. To my knowledge, people/parents do not have their medicinal plants all willy nilly around their house like potted house plants. If they do, they are not within the law and are punishable by the state. And although the MMMA 2008 Act protects patients from the removal of custody and parenting time, they do expect a typical set of unspoken guidelines to be able to use that defense in court. Friend of the Court and Child Protective Services expect the medical marijuana to not be around the children when not in use and ask that all marijuana (smokable, medical edibles (what you poorly called "pot brownies"), lotions, et cetera) be in an area where children cannot access them (like an enclosed, locked facility or a locked suitcase). I am unaware of how they feel about parents medicating in front of their children, although I do not see an issue with it. To me, medicating with cannabis in front of their children is no different than someone taking a pill in front of their children...
Concerned MI Mom
7:54 pm on Wednesday, March 7, 2012
I feel the reason I see Dr Bobs input on tons of post about medical marijuana is 100% money driven. Way to drum up a customer base Bob. How do you sleep at night!
Lilly
12:59 pm on Wednesday, June 6, 2012
You are a joke. Are you on perscription drugs ?? People have been smoking weed for yrs and it is the safest of all meds. .Kids gettin busted for REAL weed started smokin FAKE and started dying from it. Let me know if ya find ANYWHERE that pot killed anyone.How many normal and good people smoke ?? Just ask Willy Nelson for one.
Bob Townsend
4:37 pm on Saturday, March 10, 2012
Really MI Mom?
You are obviously not very familiar with the MMMA. The MERE fact a parent has a card cannot be used in custody decisions, or visitations, but actual endangerment is. Clearly allowing a child to ingest marijuana is careless, just as with any other medication. That is your case, not the fact that it was marijuana. With marijuana, the child slept late and you didn't even notice it until weeks later when someone told you. Had he been taking vicodin for his pain instead of marijuana, you might well be planning a funeral.
As it is, hug your child and thank God it turned out the way it did. Call your lawyer and make your case.
I sleep VERY well at night, knowing I help reduce the use of narcotics (and perhaps prevented a tragedy) and improve the quality of patient's lives. Marijuana as a gateway drug? This has been disproven time and again but angry people, who lack a better argument, continue to bring it up. For the record, vicodin and other prescription narcotics are the gateway to heroin, not marijuana.
Direct your anger in a positive direction, not against a medication that helps many in Michigan. Perhaps your ex husband isn't the poster child, but again, had he not had marijuana, it might well have been vicodin. Now hug your child again and count your blessings as you call your attorney.
Dr. Bob
PS, still waiting for that debate.
Lilly
1:11 pm on Wednesday, June 6, 2012
Hey Doc ..I would rather have my son on medical mar than on prescription drugs ANY day. He was on Ritalin and Adderall then even Xanax from Dr. But HE didn't like those drugs and didn't want to take them so.... I had him try the medical stuff and WOW what a difference. He is calm ..goes about his day much happier and can focus. He is 29 so it is up to him which " med " he prefers. Thanks for your support. So there goes the " GATEWAY " theory.
Seymour Concerned
8:55 am on Sunday, March 11, 2012
Read the "New Jim Crow". It is an eye opener.
Concerned MI Mom
10:15 am on Sunday, March 18, 2012
I understand that the MERE fact that a parent has their card can not impact their visitation/custody time. That is not my arguement. I decline debating you over the gateway drug issue because I can guarantee for every study/artice you can source against it, I could find an article/study for it. So lets agree to disagree on that.
Sammy V.
12:36 pm on Sunday, March 18, 2012
You have been seriously misinformed re: the gateway issue. The Federal government acknowledged it was a myth decades ago. Your "guarantee" on this issue weakens everything else you've said. It's an absolute travesty that people like you (good people but ignorant to the facts) continue to believe and propagate this b.s. myth.
Do you realize Crack-cocaine and Crystal Meth are Schedule 2 drugs while cannabis (pot) is Schedule 1? Do you truly know that? Do you see how you've been misled and lied to? HOW IN THE WORLD CAN A SCHEDULE 1 DRUG BE A GATEWAY TO A LOWER CLASS DRUG? That's like saying Heroin is a gateway to alcohol!!! By simply repeating this myth people have been subliminally tricked into thinking pot is not a Schedule 1 drug.
Do you think high schoolers who get caught with pot should be handled the same way as heroin users? Seriously, that is the current situation. Think about it.
Concerned MI Mom
10:16 am on Sunday, March 18, 2012
I believe that the majority of parents with their card do not advertise their prescription use to their children nor smoke it in the same room as their kids. You are definately correct that my ex-husband is NOT the posterchild. I understand that there are legitimate reasons that people are prescribed marijuana. However, my concern with the situation that my kids are put in on a regular basis when they go to their dad's house. More to the point is that he abuses and hides behind the MMMA laws.
Concerned MI Mom
10:17 am on Sunday, March 18, 2012
The incident where my children ate the pot cookies and one slept for 20 hours took place during their dad's parenting time. I was initially told that he was not feeling well (I did not know the full situation as I was not there) I passed it off as him possibly having the flu as the days preceeding their visit to their fathers house we had been passing around the flu. It wasn't until 17 days after the incident that my ex-sister in law informed that that the child was not sick but had ingested about 7 pot cookies. My ex-husband has been on and off of medical leave from work for over 5 years (been on medical for psych issues - but in all honesty that's a lie, he hides behind psych issues because his employer wants to drug test him), his marijuana prescription was based on him not being able to sleep at night. Maybe if he went to work everyday he'd be tired. I find the reason for his prescription to be for lack of a better word -BS. Immediately after hearing that my children ate the cookies, I took them to get drug tested; however, being that it was 17 days after the fact the tests were both negative. The Dr's office by law had to report this to CPS which I welcomed. Due to the lack of hardcore evidence (drug tests were negative) all CPS could do was give him a lecture.
Sammy V.
12:40 pm on Sunday, March 18, 2012
What cemetery would you have buried your kids in if they got into your husbands Vicodin instead of his pot?
Renegade Solutions
12:49 pm on Wednesday, June 6, 2012
If you took your son to get tested 17 days after he supposedly ingested about 21 times his dosage in medical marijuana, he absolutely would have tested positive.
You have no proof, and most likely have been lied to, that your son ate marijuana. Hell, if your husband were smoking it around the kids, they could test positive.
Your hatred towards your kids father coupled with your ill informed Reefer Madness mentality will damage your kids way more than the marijuana ever will.
Concerned MI Mom
10:20 am on Sunday, March 18, 2012
Also, I have consulted an attorney regarding this matter. She also agrees that without concrete proof, there is nothing that can be done. Correct me if I am wrong but just because one has their card does not give them the green light to drive while high? Which is another thing my ex does w/ my kids in the car. Basically, my hands are tied and I have to wait for something "serious" (as if previous situations were'nt serious) to happen to be able to do anything about it due to the MMMA laws.
Lilly
1:20 pm on Wednesday, June 6, 2012
Sounds like YOU need to smoke some weed..lol it is NOT a gateway drug either. My son was put on Xanax, Adderall, and Ritalin and DID NOT like them and would not take them. He tried medical Marijuana and he is a much calmer and happier person. HE chose his own med. It isn't for everyone but glad it works for him. He does need this for his condition. Glad they finally are leaning toward legalizing it. It is not a gateway drug as you say..in fact the opposite. Your kids will go through hell if ya don't stop fighting with the ex either ..no one really wins ..the kids suffer.
Bob Townsend
11:51 am on Sunday, March 18, 2012
Ok, so let me see if this is clear. You and your ex are not having a good divorce. You heard a 'report' that the children got MMJ brownies while with him and wanted to run with it. The lab reports did not confirm the ingestion (carboxy thc stays in the system for 30 or more days) so DSS rightly told you there was no evidence for them to determine there was endangerment. Your lawyer told you the same thing.
But that wasn't the result you wanted, so you decided to 'fight it out' in the media, using a very useful medication as the devil. You claim he got the card for inability to sleep and snuck in the comment about his lack of work. That is not a qualifying condition. So the story breaks down there as well, just to keep the lack of laboratory evidence despite a 'massive' ingestion of this relatively harmless substance.
Then for good measure, you add the 'gateway' theory almost as an afterthought, again to try and promote your claim of child endangerment despite the negative investigation of DSS and the advice of your attorney.
The picture you wish to paint here is that anyone can get a card for anything and that endangers children, both short term and in the long run as they inevitably move on to 'real' drugs of abuse like heroin or meth.
My apologies, but I really am having a hard time following you. Again, my advice is to hug your kids, thank God it was marijuana and not vicodin, and work through your attorney, not the media, and make your case.
Bob Townsend
12:01 pm on Sunday, March 18, 2012
The gateway theory is nonsense, and everyone other than those with a vesting interest in demonizing marijuana (like law enforcement, NIDA, and you) knows it.
If, and that is a big if, you are who you say you are, your best bet here is good parenting and burying the hatchet with your ex so he starts listening to you about your concerns. If that is not possible, and it may not be, then get some evidence and work it through the courts.
People cannot 'hide' behind the MMMA, the courts regularly throw out the ability to use the defense with the slightest error (such as not locking the front door to the house). If you have a case, do the work, get the evidence, and make it in family court.
Otherwise it is too easy to dismiss your 'story' as the work of a vindictive ex spouse or a plant by those seeking to overturn this very useful law.
Now if you will excuse me, I am in Marquette getting ready to see patients. Most are over 50 (the average age is 51 in my practice), they have clearly documented conditions, and prefer this to the narcotics and surgeries offered by their 'regular' doctors.
Not one of them is going to try and get their grand kids high, or go on to crack. But some may be denied regular medical care by their 'regular' doctors because they made this choice, so they are not making it lightly.
Dr. Bob
Lilly
12:46 pm on Sunday, March 18, 2012
All a bunch of bull ...pot has been around for yrs and will continue to be no matter what anyone says... ..It is just a BIG money maker for the state. ..420 !
cherri Jensen
8:32 pm on Wednesday, April 10, 2013
my son is an opiate addict, it started out with him going to a doctor after a hockey accident at the age of 19, My son has lost all rights to his children, he is over a year clean of the opiates now, he will be going into court to fight for his rights to his children, keep in mind he put himself into rehab and got off the opiates , he does now hold a medical merjauna card now, My son is not a drinker, but I have seen many drunks that can't even walk out of a bar by themselves let alone take care of kids , but they go home to those children in that shape and pass out, I have yet to see anyone that uses medical marijuana in that shape, the problem here is that medical marijuana is not socially except-able, like opiates and drinking beer or liquier . I personally do not use marijuana but I am here to say , that I would trust someone that has their card and is using this for medical purposes safer than , a drunk and opiate abusers, those are the people that are dangerous , drinkers take lives every day by driving and drinking and people on opiates act crazy at times and can possibley leave their meds laying around and then small children get them and end up dead because of it. My son today at over a year clean from those dangerous opiates is finally able to live a life pain free, and has a clear mind and holding a job, but her attourney is going on the fact that now that he is free of the opiates he has a card and is using it against him and he could lose his baby's
cherri Jensen
8:55 pm on Wednesday, April 10, 2013
This would not be fair to those children, they deserve to have their father in their lives , I do blame the doctors that perscribed those drugs to my son, because of their over perscribing and because they new how addictive they were, and no marijuana is not a gateway to anything, the opiates are, I just hope that my son gets to have his children in his life and that children get to have their father in their lives, these children deserve to parents, and yes the mother of these kids can go to a bar and have to carried out because she cant walk on her own , but that is ok, because drinking is sociably acceptable and medical marijauna is not, but what happens when she goes home to those baby's and passes out and say a fire starts , then what , at that point and time she is putting those children in danger , because she cant even respond to their needs or get them out of a bad situation. people need to wake up, opiates can also make a person unresponsive and theirfore a danger to their children, but marjiauna not a chance, like I said I have seen the affects of all three of these drugs , and marjiauna does not come even close to the affects of the other two ,
Steveoooo
7:37 am on Thursday, April 11, 2013
You had babies with him. Grow up and take acounability
Steveoooo
7:40 am on Thursday, April 11, 2013
Also....if you have beer or liquor in your fridge or cupboard you are a severe hypocrite. I'm guessing he left you from the way your acting. Do what's best for your children and stop bashing the dad. Kids need both parents. Pot is trivial... Again. Grow up!!