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Does smoking marijuana around children = child abuse or neglect?

It seems like every time we turn on the television, there is an expose' dealing with medical marijuana use (or abuse). The focus is usually on the individual, but in this instance, what about others that are around the individual when they are using? Under the Colorado Department of Public Health and Environment - Medical Marijuana Registry Frequently Asked Questions, public consumption is strictly prohibited:

No patient shall: Engage in the medical use of marijuana in a way that endangers the health or well-being of any person; or engage in the medical use of marijuana in plain view of, or in a place open to, the general public. Law enforcement has informed the Medical Marijuana Registry of the following: Any place outside of the patient's home is considered public. "In plain view" also includes the patient's yard or garage if that patient can be seen using their medicine by neighbors.

We are all well informed of the dangers of indoor secondhand smoke and the argument that everyone is freely entitled to smoke in their home. But what happens when these individuals, legally entitled to smoke marijuana and forced to smoke inside their home, have young children in the home? We have seen states take a proactive approach towards secondhand tobacco smoke. How should the courts and child support services get involved where a young child is being exposed to indoor secondhand marijuana smoke? Aside from the potential physical harm, what about the psychological harm caused to the child after witnessing their parent smoking marijuana?

Is smoking near your child inside the home a form of child abuse? Do you think the government should pursue additional legislation aimed at protecting children? Post a comment below with your thoughts.

If your child facing unwanted exposure to second-hand tobacco, or marijuana, smoke that is outside of their control, there may be legal protections for your child. Call Stowell P.C. today to prevent further harm to your child.

3 Comments

so i have a 4 year old son that lives with his mom that i am in a custody battle with so to say, i was just wondering what kind of action i could take she smokes pot around him and she does not have a medical licence for it and she also smoked pot the whole time she was pregnant with my son, from what my lawyer told me is that its not a big deal,

Thank you for your post, Nathan. You stated you have a lawyer. I would strongly recommend that you discuss the matter further with your lawyer. The mother's actions of illegally smoking marijuana during her pregnancy and throughout his life so far is a serious matter and should not be taken lightly. It might not be a big deal to your lawyer, but it is definitely a big deal for your son.

My daughter visits her fathers house every other weekend. He is legal in Michigan to grow and smoke marijuana. He grows it in his basement, my child comes home smelling like chemicals and recently burnt marijuana as well.

We are currently in a custody battle, and the judge almost refuses to hear anything about this situation. I feel very passionate about this and would like information on groups that are against growing and smoking marijuana around children.

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