Contact Us for a Free Consultation (855) 4-PARENT

Guide to Dependency Court – For Parents

HIGH TIMES: Marijuana Use May Form the Basis for a CPS and Juvenile Dependency Case

Posted by Jomo Stewart | Dec 30, 2022 | 0 Comments

The fact that Marijuana Use in California is Legal does not mean that it cannot create a risk of harm to your children. (In re Alexis E. (2009) 171 Cal.App.4th 438, 452) 

That is, even legal use of Marijuana can be abuse if it presents a risk of harm to your kids. (Amy P. v. Jonathan P., 2022 Cal. App. Unpub. LEXIS 7432) 

If you are a Parent and you smoke Marijuana, you may run afoul of CPS if you do the following: 

  1. You regularly smoke Marijuana in front of your children forcing them to ingest second hand smoke. (In re Alexis E., supra, 171 Cal.App.4th at p. 452.) 
  1. You store your Marijuana within reach of your children. Doing so could place your children at risk. (See In re Yolanda L. (2017) 7 Cal.App.5th 987, 993, 212 Cal. Rptr. 3d 839 ["Leaving drugs or drug paraphernalia within [children's] reach is an example of negligent conduct that will support section 300, subdivision (b) dependency jurisdiction."].)

About the Author

Jomo Stewart

Jomo Stewart is a dogged, diligent advocate for his clients. His clients appreciate his candor regarding the strengths and weaknesses of their case and the on-going advice as their case progresses. Mr. Stewart will not be out worked by opposing counsel, and he is unwilling to compromise unless h...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment


Parental Rights Defenders is committed to answering your questions about Dependency Defense law issues in Northern California.

We offer a free consultation and we’ll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.