I thought pot was legal..?

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Kakumei
Posts: 5
Joined: Sun Dec 15, 2013 9:34 pm

I thought pot was legal..?

Postby Kakumei » Wed Dec 18, 2013 11:32 pm

Hello!

Just to give you some background on what's going on in my particular case, I live here in Colorado where marijuana was made legal via the 64th amendment.

I smoked it in order to relieve some of the horrible nausea I was experiencing with my pregnancy. I know it was a dumb move, and there's no need to to beat me up about it. I'm aware of it, okay? I thought that because it was legal here, there wouldn't be repercussions. Again, I know it's dumb.

Regardless, I and my little girl tested positive. A worker called me, not really explaining she was from CPS. I thought it was a nurse or something from WIC coming to check up on the baby and I, as what happened with my son (I didn't use during that particular pregnancy). Set up an interview, she came out to my house. After she was in the door and had sat down did she explain that she was indeed from CPS. My husband and I filled out one of those voluntary action plans, and with that came the arrangement of UAs. As "monitors" to this program, we volunteered my inlaws who were not present at the time. The worker jotted down their names without their consent or knowledge. On the action plan, it made us out to seem like we were constantly high and couldn't adequately care for our children and so forth. You know the stories they fill out. No formal case is opened at this time.

Well afterwards, my inlaws were upset that they were put on paperwork, and proceeded to call the social worker and her supervisor. (My in laws had previous run ins with the particular supervisor and made a big stink with them regarding some other grandchildren of theirs, not our babies). We were told to shut our mouths and let them handle it.

I came up with the court ruling of United States v. Dyer which indicates that you can revoke your consent to be searched, namely getting out of the UAs they requested. We sent in that paperwork. Now the supervisor starts getting suspicious, and kinda resentful. She and my father in law have many phone calls, to which I understand they get repeatedly nastier. The supervisor then states that she's going to request an official case be made open, with follicle tests and things of that nature. I don't know what all was said. But, we fill out 'color of law' paperwork and return it to them, basically a cease and desist order.

We are then told to flee the state. Repeatedly. So, I pack up my kids and we leave for a little while on "vacation". While I was away, apparently we had been issued summons and missed the date. My in laws don't really do.. a damn thing from there. They are of the mindset of if they ignore it, it'll go away.

I'm now inclined to think otherwise. I don't think running away permanently from the problem is the best way to get this resolved. So, what I have going for me so far is this:

TL;DR The initial action plan was made with fraudulent terms. Amendment 64 made marijuana legal for adults 21 and up. The CPS worker's website indicates they need to refer to state laws when it comes to cases. There are no indicators of abuse or neglect in my children.

What I don't have going for me: a lawyer. I can't afford one.

I need advice on how to proceed. I'm sick of hiding and acting like a criminal when I am not.

whosechildrenarethey
Posts: 105
Joined: Sat Sep 08, 2012 7:00 pm

Re: I thought pot was legal..?

Postby whosechildrenarethey » Thu Dec 19, 2013 10:37 am

Court rules medical marijuana not endangerment in child custody:

http://www.stowellpc.com/blog/2012/12/c ... tody.shtml

Colorado Statutory Definition of child abuse and neglect:

http://www.rjclearinghouse.org/pdfs/134.pdf

Colorado Rules and Regs for child welfare:

http://www.colorado.gov/apps/cdhs/rral/ ... etails.jsf

Kakumei
Posts: 5
Joined: Sun Dec 15, 2013 9:34 pm

Re: I thought pot was legal..?

Postby Kakumei » Thu Dec 19, 2013 9:52 pm

Thank you very much for the links, these will really come in use!


EDIT: Another question I didn't ask was.. since I missed a court date, should I go to them directly and see what's going on or bide my time, leave it alone, and wait until I can move somewhere else?

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monkette31
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Location: Los Angeles, California
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Re: I thought pot was legal..?

Postby monkette31 » Fri Dec 20, 2013 6:19 pm

Because you missed the court date, there is probably a warrant out for the county to take the child. Yes, you need a lawyer if you can afford one. Who told you to flee the state? If you decide to make it to court, you may think about filing one of these, an affadavit of facts: http://fightcps.com/2010/12/22/how-to-write-a-declaration-of-facts-to-submit-to-the-court/

I've read a few stories recently where the parent is pulled over, the warrant for the child is noted, the child sent back to the state where they have the warrant, sometimes they arrest the parent, most of the time they do not.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

Kakumei
Posts: 5
Joined: Sun Dec 15, 2013 9:34 pm

Re: I thought pot was legal..?

Postby Kakumei » Fri Dec 20, 2013 10:09 pm

Gah, my in-laws told me to flee the state on a "vacation" for a 2 month period. I panicked (that's one side effect of pot, paranoia) and did so. They turned my case into an attack against them, made everything all about them. Never mind me and my children, this case was an attack on them! (rant over, sorry :evil: ) I think that if they had not interfered and poured water on an oil fire as it were, it wouldn't have turned so nasty.

I came back into Colorado, where my case is. I'm not currently in the house I was living in, staying with relatives.

I can't afford a lawyer, but I'm going to talk to a family advocate tomorrow about further advice.

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Devo
Posts: 4
Joined: Tue Mar 25, 2014 4:46 pm
Location: California

Re: I thought pot was legal..?

Postby Devo » Wed Mar 26, 2014 8:52 pm

I don't have much advice. but I wanted to say that I'm very sorry you're going through thisl. I empathize.
My story can be found in the forum called "California" called "Terrorized".
I live here in California and have a medical card. DCFS was referred to me because of my ex. but when the worker found out about it she did everything she could think of to make my life hell. She didn't have any grounds to take my kids or open a case, but she sure terrorized me. You are not alone. Fight for your rights.
I guess I lied, I do have a bit of advice. Stop taking the advice of the inlaws. Call the superviser yourself. Apologize for them and explain that you do not at all hold their opinion and that you don't represent their actions.
Best of luck.

whosechildrenarethey
Posts: 105
Joined: Sat Sep 08, 2012 7:00 pm

Re: I thought pot was legal..?

Postby whosechildrenarethey » Wed Mar 26, 2014 10:11 pm

I think what's happening is that child welfare statutes and state specific abuse/neglect definitions have not yet caught up with the States that have only recently legalized medical marijuana such as Colorado.

Colorado
Physical Abuse
Citation: Rev. Stat. § 19-1-103

• A child tests positive at birth for either a schedule I or schedule II controlled substance, unless the child tests
positive for a schedule II controlled substance as a result of the mother’s lawful intake of such substance as
prescribed.

Neglect
Citation: Rev. Stat. §§ 19-1-103; 19-3-102

• The child tests positive at birth for either a schedule I or schedule II controlled substance, unless the child tests
positive for a schedule II controlled substance as a result of the mother’s lawful intake of such substance as
prescribed.

You can clearly see, under schedule II controlled substances used lawfully and as prescribed are an exception where as schedule I controlled substances are not included with the exception.

Schedule I,

a category of drugs not considered legitimate for medical use. Among the substances so classified by the Drug Enforcement Agency are mescaline, lysergic acid diethylamide, heroin, and marijuana. Special licensing procedures must be followed to use these or other Schedule I substances

By the very definition of Schedule I you can see the contradiction - while considered a class of drugs not legitimately used for medical purposes, your marijuana use was legally prescribed by a Dr. for a medical purpose...
I believe you have a legitimate argument since your marijuana use was MEDICAL MARIJUANA legitimately prescribed for your severe nausea brought about by the pregnancy and that the birth of your baby ended your medical need to use it...


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