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, you should have your case reviewed by an attorney. No attorney on Avvo has read your paperwork and therefore cannot give a completely valid answer suited to your case.
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.
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?
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
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".
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