Legal Use vs. Risk to Your Child

Recreational marijuana has been legal for adults in California since 2016, but CPS still raises it in investigations. Parents are often surprised. The good news is that California courts have repeatedly held that marijuana use, by itself, isn't enough for a dependency case.

In In re Destiny S. (2012) 210 Cal.App.4th 999 and In re Israel T. (2018) 30 Cal.App.5th 47, courts reversed jurisdiction where the county showed a parent used marijuana but didn't show the use put the child at substantial risk of serious physical harm.

CPS still has a case when the use affects the child's safety. For example:

•       Using while solely supervising a young child

•       Driving under the influence with children in the car

•       Leaving marijuana or edibles where children can reach them

•       Use that leads to missed school, medical care or meals

Since In re N.R. (2023), there's also no presumption that use around a young child is automatically risky. But the age of the child still matters to the court.

If marijuana comes up in your case, be honest about your use and focus on safety: locked storage, never using while you're the only caregiver, and no driving after use.

Related reading: [substance abuse allegations after In re N.R.](link to Post 9).

If CPS is questioning your marijuana use, call me at (855) 472-7368 for a free consultation.