Unfortunately they can. In spite of what the State legislature does in terms of the legality of medical marijuana, it's use is still in violation of Federal Law.
They can and probably will, whether or not your BF has a MMJ card - or they will ask that you agree that he not live in the house as long as your kids are there and until and unless he can test clean. If you have a CPS case open, and they want to remove, you're entitled to an attorney who should vigorously fight CPS' involvement in your life at all and try to get them off your case and out of your house. Just marijuana use alone, without any other drug use or any violence, has been enough for a court to substantiate a CPS case.
Anyone viewing this web site should not act on any information contained on this site without seeking professional counsel from an attorney. Use of this web site and/or transmission of information to the firm is not intended to create, and should not be construed as creating, an attorney-client relationship with the firm or any of its attorneys. If you choose to communicate with the firm or any of its attorneys or other personnel through this web site, do not transmit any confidential or sensitive information by e-mail until you have spoken to an attorney from our firm either by telephone or in person. This web site may be considered advertising under applicable laws and ethical rules. The Law Offices of Brent D. Harris, PLLC do not seek to represent anyone in any state where lawyers in the firm are not admitted to practice, or in any state where this web site fails to comply with all laws and ethical rules of that state.
I doubt that your boyfriend testing positive for marijuana would be the only reason to remove the kids. But if there are other circumstances of abuse or neglect involved or a history witrh CPS, they could remove the kids.
This is not legal advice but a general comment on society. International Law 24/7 hotline +1-202-318-2406 - Dr. Jonathan Levy, PhD calls or emails usually returned within 24 hours.