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  1. #1

    Exclamation Can CPS Take Your Children Over Prescription Marijuana and Pain Killers

    My question involves child abuse or neglect in the State of: California
    I am currently under investigation by CPS. My son told a teacher he was falling asleep in class because his grandfather, (who was staying with us temporarily), drank too much and it made him worry too much to sleep. So teacher called CPS! He was actually staying up sneaking to play x-box, grandpa was asleep before us! So the CPS guy shows up sees 2 empty beer bottles next to the trash and says my husband and I need to drug test, (the CPS guy even admitted this was not procedure just his preference)! Even though grandpa was the one who admitted he was the one who drank it and he was leaving the next day. So because I was informed they can take my kids if I refused to take the test we both went that evening. Anyways we both have prescriptions for marijuana, I've been on and off prescription painkillers and muscle relaxers for the last 10yrs, I tested positive for a medication I have no way of proving I have a prescription for as it was from an old script from the ER from a few years back. However, I can prove I have been on these kinds of medications and that I have multiple reasons to be on said medications all from the Doctor.
    My home is clean, my kids are happy, well fed and well adjusted. Honestly, he's been more traumatized by CPS than us!
    My question is can California CPS take my kids for something like this!?
    Please help I really need an answer, we are barely scraping by financially and cannot afford a lawyer.

    Thanks from a desperate momma bear in Cali

  2. #2
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    Default Re: Can CPS Take Your Children Over Prescription Marijuana and Pain Killers

    No, you don't have prescriptions for marijuana. Nobody does. You may have a recommendation but marijuana is not available by prescription.

    While I don't deny there are likely to be some medical benefits from marijuana or its components, I have never met a medical marijuana user where the main purpose of the dope is not to get high. I am amazed at the extent of the claims of marijuana to treat anything. I mean, if half of what is claimed to be true was, it would be the most important drug ever know to mankind. It is claimed to be nothing short of fricken' miraculous.

    Additionally apparently you have taken actual prescription medications illegally. Regardless of being able to prove on and off use of similar medications, the fact is you do not have a current prescription and as such, the use is illegal.

    As to your child being traumatized by cps; unlikely. It is more likely the child is reacting to your bad mouthing cps for doing their job and how you are worried the children will be take from you and fear that.

    So, to the reality;

    i suspect there is a much greater concern than grandpa and his beer. If the children are exposed to illegal situations such as illegal prescription drug use, i would expect a more in depth investigation. If the children are exposed to marijuana smoke I would also be worried about a more in depth investigation. I suspect the issue with the beer cans was unimportant but may have been used as a ruse to get you to drug test based on some undisclosed issues of concern.

    Only the cps knows what they are thinking at the moment. Only the results of their investigation will allow them to determine whether further actions are justified.

  3. #3
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    Default Re: Can CPS Take Your Children Over Prescription Marijuana and Pain Killers

    Quote Quoting luvleebutterfly777
    View Post
    My question involves child abuse or neglect in the State of: California
    I am currently under investigation by CPS. My son told a teacher he was falling asleep in class because his grandfather, (who was staying with us temporarily), drank too much and it made him worry too much to sleep. So teacher called CPS! He was actually staying up sneaking to play x-box, grandpa was asleep before us! So the CPS guy shows up sees 2 empty beer bottles next to the trash and says my husband and I need to drug test, (the CPS guy even admitted this was not procedure just his preference)! Even though grandpa was the one who admitted he was the one who drank it and he was leaving the next day. So because I was informed they can take my kids if I refused to take the test we both went that evening. Anyways we both have prescriptions for marijuana, I've been on and off prescription painkillers and muscle relaxers for the last 10yrs, I tested positive for a medication I have no way of proving I have a prescription for as it was from an old script from the ER from a few years back. However, I can prove I have been on these kinds of medications and that I have multiple reasons to be on said medications all from the Doctor.
    My home is clean, my kids are happy, well fed and well adjusted. Honestly, he's been more traumatized by CPS than us!
    My question is can California CPS take my kids for something like this!?
    Please help I really need an answer, we are barely scraping by financially and cannot afford a lawyer.

    Thanks from a desperate momma bear in Cali
    You are taking painkillers which were prescribed to you a few years ago? The prescribing physician will have the prescription in your medical records.

    You need an attorney. You need to exert your rights, and you're already in a sticky situation.

    You do not have to open the door to CPS or allow them into your house unless they have a court order or are accompanied by the police and a warrant.

  4. #4

    Default Re: Can CPS Take Your Children Over Prescription Marijuana and Pain Killers

    I was born with a disorder called re-flux disease which causes vomiting nausea and stomach pain/ulceration's. As a matter of fact it is one of only a few diseases approved for medical use by the federal government. Also, perhaps you have not been informed of the feds new view regarding medical use. As for the painkillers, I have been given a ridiculous amount of different medications over the last few years since my disc was crushed in my low back from lifting a patient. I lost my insurance 2 months ago and have not been able to afford my prescriptions, exactly why I hang on to old ones that may not work as well but are better than nothing when I'm in a situation like this. Please do not ASSume or presume to know my needs or reasons for my doctors choices in medication. And my kids have never been exposed to any of it, I only smoke outside or in my personal bathroom with the bedroom door locked, my kids are teens now so I stay very careful. I just wanted an answer on weather or not they can legally take my kids for this.

    Thank you for the advice, I wish I could get a lawyer, unfortunately due to my disability we are living on only my husbands pay so a lawyer, unless it's pro-bono, is out of the question.

    P.S. If you knew how many law suits against this office there are for taking kids w/o proper cause, you'd know why I'm so concerned.

  5. #5
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    Default Re: Can CPS Take Your Children Over Prescription Marijuana and Pain Killers

    Quote Quoting luvleebutterfly777
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    I was born with a disorder called re-flux disease which causes vomiting nausea and stomach pain/ulceration's. As a matter of fact it is one of only a few diseases approved for medical use by the federal government. Also, perhaps you have not been informed of the feds new view regarding medical use. As for the painkillers, I have been given a ridiculous amount of different medications over the last few years since my disc was crushed in my low back from lifting a patient. I lost my insurance 2 months ago and have not been able to afford my prescriptions, exactly why I hang on to old ones that may not work as well but are better than nothing when I'm in a situation like this. Please do not ASSume or presume to know my needs or reasons for my doctors choices in medication. And my kids have never been exposed to any of it, I only smoke outside or in my personal bathroom with the bedroom door locked, my kids are teens now so I stay very careful. I just wanted an answer on weather or not they can legally take my kids for this.

    Thank you for the advice, I wish I could get a lawyer, unfortunately due to my disability we are living on only my husbands pay so a lawyer, unless it's pro-bono, is out of the question.

    P.S. If you knew how many law suits against this office there are for taking kids w/o proper cause, you'd know why I'm so concerned.
    You are very quick to make your own assumptions. I suggest you stop doing that; if you carry that attitude with you CPS is going to eat you alive.

    Have a nice evening.

  6. #6
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    Default Re: Can CPS Take Your Children Over Prescription Marijuana and Pain Killers

    If you're hanging on to old prescriptions, then you will have the bottles that the pharmacy gave them to you in when your dr prescribed them. Each state has it's own Prescription Monitoring Program. That means that when you get certain prescriptions filled, the pharmacist has to send it to a state database. CPS can check the database to see if what you are telling them may be the truth. California's PMP has Schedule II, III and Iv drugs listed. If you got a prescription for a Schedule II or Schedule III pain med and got it filled, it will be in the PMP database. If you didn't, it won't be, it is that simple. CPS can also verify if what you say about your health insurance is true or not. Although that has nothing to do with not caring for your children properly.

    Another thing is Marijuana is expensive. So you have a Medical Marijuana and you and your husband can afford Marijuana, but you can't afford your health insurance ? I certainly hope the children have health insurance.

  7. #7
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    Default Re: Can CPS Take Your Children Over Prescription Marijuana and Pain Killers

    As a matter of fact it is one of only a few diseases approved for medical use by the federal government.
    I'm always open to education so, please educate me. Given that marijuana is classified as a drug with no medical purposes in the drug schedule, I find it difficult to see how they can prescribe a drug that is not eligible to be prescribed.


    Also, perhaps you have not been informed of the feds new view regarding medical use.

    I know this, which is from the federal government:
    Schedule I
    Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence. Some examples of Schedule I drugs are:
    heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote
    and I just pulled this from the White House (yes, THE White House) office of National Drug Control Policy website:


    Marijuana Resource Center: State Laws Related to Marijuana



    Since 1996, 23 states and Washington, DC have passed laws allowing smoked marijuana to be used for a variety of medical conditions. It is important to recognize that these state marijuana laws do not change the fact that using marijuana continues to be an offense under Federal law. Nor do these state laws change the criteria or process for FDA approval of safe and effective medications.
    It is important to note that Congress has determined that marijuana is a dangerous drug and that the illegal distribution and sale of marijuana is a serious crime. The Department of Justice (DOJ) is committed to enforcing the Controlled Substances Act (CSA) consistent with these determinations. On August 29, 2013, DOJ issued guidance to Federal prosecutors concerning marijuana enforcement under the CSA. The Department’s guidance is available on the DOJ Web site, and provides further detail.
    .
    I lost my insurance 2 months ago and have not been able to afford my prescriptions,
    especially given you are in California, that is a bit unbelievable but hey, sure hope you get that insurance. This year the penalty is $695 for not having insurance last year. You will have to include that with your tax return.

    So, care to show where not only has the fed changed their views on marijuana use but actually prescribes it for treatment of GERD?

    exactly why I hang on to old ones that may not work as well but are better than nothing when I'm in a situation like this
    .Your prescription was from "a few years back" Given your claims, I cannot imagine you have a single pill left from any prescription written in the last "fw years"
    Please do not ASSume or presume to know my needs or reasons for my doctors choices in medication.
    I,m not, you are. Your doctor did not prescribe MJ and you have no current prescription for whatever drug you tested positive for.


    And my kids have never been exposed to any of it, I only smoke outside
    or in my personal bathroom with the bedroom door locked,
    Oh ya the lock will keep the smoke from flowing throughout the house.


    my kids are teens now so I stay very careful.
    not from what you said you don't.



    P.S. If you knew how many law suits against this office there are for taking kids w/o proper cause, you'd know why I'm so concerned.
    and if you saw how many kids I have seen injured or killed because they weren't removed from parents, you would understand why I am not concerned about you but your children.

  8. #8
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    Default Re: Can CPS Take Your Children Over Prescription Marijuana and Pain Killers

    Quote Quoting luvleebutterfly777
    View Post
    My son told a teacher he was falling asleep in class because.... He was actually staying up sneaking to play x-box... So the CPS guy shows up sees 2 empty beer bottles next to the trash and says my husband and I need to drug test... So because I was informed [by my friend, the village idiot] they can take my kids if I refused to take the test we both went that evening.
    From the standpoint of the investigator, your story is that every adult in the house is so soundly asleep at night that nobody notices that a child is getting out of bed and doing what he wants, and as a result of the adults' failure to monitor the child and keep him in bed, the child is falling asleep in class. So the worker asks himself, "What could cause adults to consistently sleep that soundly," comes up with one pretty common explanation ("Maybe they're intoxicated"), asks that you voluntarily agree to testing, and with your voluntary agreement arranges for the testing. As you consented to the test, the results of the test can factor into what happens next.
    Quote Quoting luvleebutterfly777
    Anyways we both have prescriptions for marijuana, I've been on and off prescription painkillers and muscle relaxers for the last 10yrs, I tested positive for a medication I have no way of proving I have a prescription for as it was from an old script from the ER from a few years back.
    Starting with the narcotics, sorry, that explanation doesn't work for me. It's not a matter of your having "no way of proving I have a prescription" -- you did not have a prescription. Whatever need may have existed several years ago, you have been to doctors over the subsequent years and not once has a doctor found you to have any need for pain medication. Also, if you're going to claim that you have a chronic condition that requires periodic used of pain killers, it's really not believable that you still have some kicking around the house from two, three, four years ago, and have had no need to discuss your pain condition or medications with a doctor during that entire time. Further, an E.R. will normally only prescribe enough pills for a few days, telling you that you need to follow up with your regular doctor for additional pain medication. If you were present at the E.R. for a flare-up of your chronic illness, it makes no sense that you didn't follow up with your regular doctor for years afterward. If you were present at the E.R. for an unrelated illness or injury, the claim that you have "been on and off prescription painkillers and muscle relaxers for the last 10 years" has absolutely nothing to do with the prescription you received.

    Moving onto the marijuana,
    Quote Quoting luvleebutterfly777
    View Post
    I was born with a disorder called re-flux disease which causes vomiting nausea and stomach pain/ulceration's. As a matter of fact it is one of only a few diseases approved for medical use by the federal government.
    Your husband has this disease as well? (I didn't think so.) But really, no, there is no federal approval of the use of medical marijuana at all, let alone for GERD. As the FDA indicates,
    Quote Quoting Why hasn’t the FDA approved marijuana for medical uses?
    To date, the FDA has not approved a marketing application for marijuana for any indication. The FDA generally evaluates research conducted by manufacturers and other scientific investigators. Our role, as laid out in the Federal Food, Drug, and Cosmetic (FD&C) Act, is to review data submitted to the FDA in an application for approval to assure that the drug product meets the statutory standards for approval. The FDA has approved Marinol for therapeutic uses in the United States, including for the treatment of anorexia associated with weight loss in AIDS patients. Marinol includes the active ingredient dronabinol, a synthetic delta-9- tetrahydrocannabinol (THC) which is considered the psychoactive component of marijuana. Another FDA-approved drug, Cesamet, contains the active ingredient nabilone, which has a chemical structure similar to THC and is synthetically derived.
    GERD is not among the approved uses for either Marinol or Cesamet, and both of those medications are to be prescribed only when other treatments have failed.
    Quote Quoting luvleebutterfly777
    As for the painkillers, I have been given a ridiculous amount of different medications over the last few years since my disc was crushed in my low back from lifting a patient.
    Except... you haven't. You told us that your most recent prescription was from an E.R., several years ago, and that you can't prove a more recent prescription.
    Quote Quoting luvleebutterfly777
    I lost my insurance 2 months ago and have not been able to afford my prescriptions, exactly why I hang on to old ones that may not work as well but are better than nothing when I'm in a situation like this.
    But, again, you have told us that you have no recent prescriptions for narcotics, and if you have continuous need for narcotic medication it is implausible that you happen to have a few pills from several years ago, kicking around in the back of your medicine cabinet, months or years after your prescriptions ran out.

    In terms of protective services, we can start with this: You were asked to take drug tests, and agreed to take drug tests. Before you agreed, after you agreed, and at the time of testing, you had the opportunity to tell protective services, "My husband and I are going to test positive for marijuana, which we take for [medical conditions], and I'm going to test positive for narcotic pain medication that I take for [GERD and/or a back injury]." You had the opportunity to say, "I don't have a prescription for narcotics, but I recently took some that I had left over from a few years ago, because I had an acute flare-up of [GERD and/or back pain]". On the other extreme, you may have told the case worker, "We don't use drugs, and we're completely clean."

    The case worker is going to get the positive test result and, depending upon what you told him, find those tests completely consistent with your candid admission of marijuana and narcotic use, be surprised because you failed to tell him that you were going to test positive for drugs, or find that you lied about your drug use. While your being completely honest does not guarantee that there will be no consequence for the positive test results, if you lied you're going to bring a lot more scrutiny onto your home and parenting.

    So did you tell the case worker that you would test positive for marijuana and narcotics, did you tell him that you would test clean, or did you choose not to tell him about your drug use?

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    Default Re: Can CPS Take Your Children Over Prescription Marijuana and Pain Killers

    This sounds like such an ideal environment for those kids! He was sleepy at school because he was sneaking up to use the x-box after everybody was drunk, drugged, stoned and out of it. So this is all his fault, right?

    Seriously, you could afford an attorney if it were important enough to you, or you could rattle up the legal aid society in your area, but no, you sit there on the internet and defend your obviously extreme and most important thing in your life drug usage.

    Your child is traumatized because he knows that you won't go to any effort to avoid having him removed, and that's not a happy idea for a child to deal with especially if it was precipitated by their action (telling the teacher about a small slice of reality in my house) Of course he prefers the devil he knows (you guys) to being jerked out and placed in the foster care system. But I wouldn't be too reassured by your self justifiying argumentative druggie behavior, and CPS isn't going to be the least bit impressed by it or find you a better parent for it. Get an attorney and do what they tell you to if you do not want your child(ren) removed.

  10. #10
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    Default Re: Can CPS Take Your Children Over Prescription Marijuana and Pain Killers

    Get a lawyer. In high school I had a friend (17 at the time) whose father was smoking weed, illegally of course. CPS came in, took my friend out of his home and into his grandmother's. The legal process, switching custody and all that jazz (he had to switch schools) made him miss too many days, he ended up being held back a year for too many absences.

    CPS will take your children over weed. Whether it's "medical" or not, doesn't matter. Get a lawyer.

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