1. Not So Dope: Marijuana Laws Should Include "Conduct Specific" Language to Prevent Unjustified Child Neglect Petitions Against Pot‐Smoking Parents.
- Author
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DeVivo, Elizabeth Cecilia
- Subjects
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MARIJUANA laws , *DRUG abuse laws , *MARIJUANA legalization , *CHILD abuse laws , *ABUSIVE parents - Abstract
The substance of marijuana is becoming legal in an increasing number of states. With the rise in legallity of marijuana comes a question of how will child protective agencies treat marijuana use by a parent or guardian. Family courts have continued to use the "actual harm" standard to determine child abuse and neglect. In addition to that standard, this Note proposes the adoption of "conduct specific" language into state marijuana statutes in order to further clarify for such agencies when investigations warrant a child neglect or abuse petition to be filed against parents. Key Points for the Family Court Community: Marijuana's illegal status has been subject to change in over thirty states over the last two decades.The substance has survived a long history of punitive treatment from both federal and state governments, and it remains the nation's most popular psychoactive drug.Only six out of the thirty‐three states contain "conduct specific" language in their marijuana statutes which do not presume child abuse or neglect for parental marijuana use alone.Adopting "conduct specific" language into marijuana statutes will make it clear that a parent cannot have a child abuse or neglect case brought against them solely for using marijuana. [ABSTRACT FROM AUTHOR]
- Published
- 2021
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