It is kept locked up in a box and kept in the deatched garage.
Based upon what little faxcts you've given us, I don't think that the children would be removed under those circumstances.
Responses to questions posted by Mr. Waller on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and the response to the question above is not legal advice and it does not create an attorney-client relationship. If you would like to obtain specific legal advice about this issue as it pertains to your particular situation you must contact an attorney who is licensed to practice law in your state.
We can only guess. If they are reported for it, of course it is a risk. While it may not be illegal in CA under certain circumstances, it is still a federal crime. And the outlook on that crime is shifting since the election. If the use is not medically permitted, CPS can certainly take action here.
Dependency law requires a nexus between the activity and the risk to the children. If there is none, the court should not take jurisdiction.
As of Nov 9, 2016, recreational pot use is legal in California, So that should not be a concern to a judge.
If you grew up in the 60s and 70s, just about everyone tried smoking pot. Which includes most attorneys and judges. So they know hat pot does not make you crazy. But they also know that pot it makes you stupid, like alcohol. WHAT JUDGES ARE CONCERNED ABOUT is the possibility that into some other danger, and bad things happen. THAT SHOULD BE YOUR CONCERN ALSO.
If your kids just visit your grandparents, and someone complains that your parent uses pot, then a judge is likely (no guaranties) to order the grandparent not smoke for 24 hours before, or during their grandchildren's visits with them. And, if the judge has some evidence to believe they might still smoke during or 24 hours before visits, then a judge might make an order the grandparent drug tests before visits.
If the children live with the grandparents FULL TIME, then it is a more difficult situation, since then there is no time when the grandparent could ever smoke without endangering the kids. If you live with them and have custody, the judge might order that the children cannot be out of your sight while with the smoking grandparent, and would remove custody from YOU if evidence later arouse that you were allowing your children to be alone with a stoned grandparent.
If you live with them but have lost custody, making you incompetent to act as a parent and oversee, OR if you do not live with them to monitor that the children are not alone with a stoned grandparent then a judge might not allow the child to live at the grandparents' home. In making his decision, the judge's would also take into consideration, your past, and your age and your apparent maturity (or not) going to how well you would monitor the children with the grandparent.
If you do NOT have custody over your kids (if a judge took away your custody), then be clear: If a judge removes the kids from the grandparents then the judge would NOT return the children to you. Rather, the judge would send you children to a receiving home or to a foster home, which would probably be worse for your children.
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