While New Jersey has a medical marijuana law, Ohio does not currently have one. A couple in Cleveland lost custody of their daughter after the mother drank marijuana-based tea during her labor to ease her pain.
The husband and wife are seeking to reclaim custody of the newborn girl who was placed with the mother's cousin. The parents are permitted to visit the child on a daily basis but have not yet been awarded custody. The mother says that she started drinking the tea after researching various natural remedies that could ease morning sickness and nerve pain. She did not want to smoke the substance because she did not want her child exposed to carbon monoxide.
The marijuana use was discovered after the mother and child tested positive for it after the child's birth in September. The Children and Family Services division asked for protective supervision in order to assess the situation. Agents determined that the child was not in any danger and recommended to the court that the child be returned to her parents. Agents noted that the birth was normal and that the child had not been exposed to the active ingredient in marijuana or was suffering from any withdrawal symptoms. However, the magistrate ordered that the parents would not have child custody in a move that the Children and Family Services division says is without any legal basis.
Individuals who have lost custody of their children due to intervention by the courts may choose to discuss their situation with a family law attorney. Legal counsel may be able to inform parents of their rights and options that are available to them that can help them reclaim custody of their children.