Is it illegal for my wife to continue using medical marijuana when she begins breastfeeding?

Asked 9 months ago - Laytonville, CA

She is a 215 patient, and her OBGYN is aware of and okay with her medicinal marijuana use. He isn't the one that prescribed it, but he said that it's never been proven to harm a fetus, and that given her other options, appears to be the safest treatment available for her problem. She is due to have the baby next month. A friend told me that it is illegal for her to continue treatment once she is breastfeeding, and that our child could be taken away. Is that true? Could we really lose custody of our child due to medical marijuana?

Attorney answers (5)

  1. Greg Thomas Hill

    Contributor Level 20

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    Answered . If your wife's doctor is aware of the usage and is not opposed to it, it cannot be child abuse of a sort that violates Penal Code section 273a. There is no law that prohibits the use of marijuana by a mother while breastfeeding, however, I would think it would be wise not to do so simply because it may draw attention from child protective services, leading to loss of custody.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

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    Answered . My colleagues have stated it correctly. CPS is your biggest concern- not to mention any harm this might do to the child.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  3. Anne Marie Healy

    Contributor Level 14

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    Best Answer
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    Answered . I would let everyone who knows think that she has quit smoking pot. It's really no one else's business. There are too many "do gooders" in the world who think that it's their responsibility to report things like this to CPS, even though the baby is not going to be harmed.

    I can be reached at 714-442-1522 if you have further questions. Before accepting any answer as a final answer,... more
  4. Peter John Marek

    Contributor Level 18

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    Answered . This is not a criminal offense and your doctor is fully aware and apparently not opposed to your treating in this way. CPS is the one to worry about. They are relentless once they get involved. As Mr. Hill points out this is not a 273a crime. The benefit to the child? That is between you and the deity. Good luck. Hope this helps?

  5. Joseph Salvatore Farina

    Contributor Level 17

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    Answered . Don't you just love people who are not attorneys and have no clue what they are talking about giving legal advice? If your wife's doctor is fine with her using medical marijuana, then she should be ok. Yeah, CPS might want to stick their nose into your business, which is why I would not tell anyone that your wife is using medical marijuana. And I would think carefully about people whom you call your "friends".

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The... more

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