Parents who consume cannabis have some things in common. Most find that weed makes them more patient with their children, and it’s probable that they engage in imaginative play more readily. On the flip side, many stoner parents may have wondered whether Child Protective Services (CPS), state agencies that investigate neglect and abuse, would take issue with their lifestyle choices.

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CPS operates differently in each state. Within that, each case is tailored to support individual families. Because of this, everything is in the gray rather than black and white, cannabis consumption included. The main concern for CPS is supposed to be that children are safe at home with their parents or caregivers. Cannabis should only be an issue if consumption puts a child in danger.

Why a child would be removed from parental care

There are many reasons that CPS may remove a child from their home. Though every family situation is different, if the kiddo is taken away, CPS has deemed the home life unsafe. It is worth noting that, while this is the stated protocol, it is documented that parents of color and Queer parents are often held to different standards than white, cis-het parents.

That said, a CPS caseworker will assess safety concerns once a report is received and a case is opened. Addressing the issues and keeping children in the home is the goal. Court approval would be required if a child must be moved out of their house.

The CPS case stays open if a child is moved to a new home with hopes of eventually unifying the family. Cases solely based on parental cannabis consumption are rare, but how someone consumes the plant may come into play in complex custody agreements.

When cannabis consumption is an issue

If parents separate, they will eventually come to a custody agreement granting either full, sole, or primary custody to each or both parents. These cases can get complicated, especially with a contentious split. Cannabis use alone will most likely not result in someone losing custody of their children, but that doesn’t mean their consumption will not be brought up in the courtroom.

Remember, kids are only supposed to be taken from their parents if the child is in danger–the same goes for custody cases. While safely smoking a joint after bedtime may not strip someone’s visitation rights, dangerous behavior or chronic consumption might. Child endangerment directly related to weed use would need to be displayed in court, though. Proving this means showing valid evidence of a pattern where the kiddo was unsafe specifically because their parent was stoned.

Being a responsible parent means being a responsible cannabis consumer, especially in the event of a custody hearing.

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How parents can be safe cannabis consumers

There are layers to keeping a home safe for parents who love weed. First, be responsible when high. Someone should be sober and ready to help at a moment’s notice when there is a kid in the house, so before getting high, make sure there’s another adult around. Being a little lifted and playing trains with your toddler is all well and good, but being too stoned to respond in an emergency is not OK. Social workers agreed that someone must be sober for the home to be considered safe.

Proper storage of cannabis products and accessories is also crucial in keeping a safe home for your kids or their visiting friends. If children have access to weed products, it could be brought up in a custody battle. Change out packaging that may be attractive to children and keep products thoroughly locked and tucked away in a private space.

Another vital tip: never drive while high–especially if your kids are in the car. Weed stays in the system longer than alcohol, though both are grounds for a DUI. Prepare for this and avoid hitting the penjamin up an hour before school pickup. Don’t drive for hours after a puff or 12-24 hours after a gummy. If children are riding shotgun, this is crucial.

Lastly, properly assess and respect risk in situations, like what may happen if you’re high while parenting, to prepare and possibly avoid an emergency. When it comes to a custody case, be responsible about cannabis consumption to avoid having it used as a negative in mediation.
Safe consumption is best in every case
It isn’t probable that CPS will open a case solely because a parent smokes weed. However, it may come into play if the case is open or the parents are in a custody battle. Being a conscious consumer by properly storing products and never driving high are great ways to avoid issues with CPS or the court.

Good parents keep their kids safe, stoned or not.