Court rules mother should not be on child neglect registry for consuming medical cannabis - via TheGrowthOp Cannabis news
This advertisement has not loaded yet, but your article continues below.The hospital informed the DCS that the child had been born substance-exposed, which constitutes neglect by law, unless the exposure was the result of a “treatment administered by a health care professional,” the ruling notes.Judge Howe writes that the DCS director erred in placing the woman on the registry “for prenatally exposing her infant to marijuana.
The ruling makes clear use of cannabis under AMMA “must be considered the equivalent of the use of any other medication under the direction of a physician.” The woman argued at that time that “AMMA included an immunity provision that protects users from being ‘subject to arrest, prosecution or penalty in any manner, or denial of any right or privilege’ if their use and possession complied with AMMA’” and that being placed on the registry was a penalty.
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