Medical Marijuana Use Can't Cost Parents Custody

By: Associated Press
By: Associated Press

"The attorney general says a judge can't independently determine if a parent should qualify to use marijuana."


Michigan Attorney General Bill Schuette says parents who use medical marijuana aren't disqualified from having custody of children or visiting them.
But Schuette says the immunity isn't absolute. He says it's appropriate for a judge to determine whether there are unreasonable dangers for children, similar to a parent's approved use of other controlled substances.
The attorney general says a judge can't independently determine if a parent should qualify to use marijuana.
Schuette's opinion was released Friday in response to a question by state Sen. Rick Jones, R-Grand Ledge. The opinion refers to people who are approved by the state to use marijuana to alleviate illnesses or grow it for others.

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  • by B Location: Lansing on May 12, 2013 at 06:40 AM
    As it should be.
  • by Brad Location: Forrester on May 11, 2013 at 07:59 AM
    Mr. Schuette's opinion affirms that patients and caregivers who are "acting in accordance with the MMMAct", specifically Sections 4(a)&(b), and who are engaging in "medical use" to "treat the patients debilitating condition" in compliance with the MMMAct, are immune from penalty in any manner including having the cops or a judge use their children as judicial pawns at a trial. I applaud Mr. Schuettes opinion in that respect, but I disagree with his assertion that the children of patients and caregivers who must rely on provisions in Section 8 of our law to defend themselves in court, are not protected and can be taken by law enforcement to be used as pawns at a trial. I hope Mr. Schuette, prosecutors, and judges see the flaw in Schuette's logic. The children of people asserting a section 8 defense should be afforded the same protections until and unless a guilty verdict has been entered against them, and their appeals process has been exhausted.
  • by Toni A Mills on May 11, 2013 at 07:29 AM
    At last!! An attorney General with common sense! A Medical patient should never have to worry about loosing their child because of the Medication they and their Provider choose to use for their illness.
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