PARENTAL ADVISORY

Father’s day is in June and the role of a father is different for every family. The one thing that is ever present is a father’s interest in protecting his children. What has also evolved over the past years in Colorado is the legalization of cannabis for both medical and recreational use.

As the legal use and acceptance of cannabis has increased the issue of having adults using cannabis in the home where children (under 21) live has sparked discussion and controversy. There is the zealous protection of the child against exposure to cannabis balanced with common sense use of cannabis and the right of the parent to use cannabis.

What could happen to a father or mother, and it has happened throughout states that have legal cannabis, is the parent could be charged ranging from criminal charges by the District Attorney of child abuse to being charged by Child Protective Services with civil “dependency and neglect” which means the child was “dependent” and the adult “neglected” the child. Both could mean the child is taken away from the parents during the proceeding or if serious enough, for a longer period of time. Simply having cannabis out in the open in your house could trigger child protective services opening an investigation on your family.

If you are charged with Driving Under the Influence of Drugs (DUID) and you have a minor in the car, the driver can also be charged with child abuse.

So, what can you do to protect both you and your child against this government intrusion? There are some guidelines to address use and storage of cannabis.

1. Do not leave paraphernalia around the house. Particularly in a common area such as the living room.

2. Store cannabis in an appropriate area based on the age of your children. If you have toddlers then putting your paraphernalia and cannabis on a shelf in your bedroom closet would be sufficient. If your child is a teenager, you may need to keep your paraphernalia and cannabis in a locked container in a hidden place in your house. Never underestimate the curiosity of a child.

3. Children also go to school and talk about what happens at home. In one case a child in New York went to school and talked about “hemp” at home. This opened a child protective services investigation. If you have younger children you may want to refer to your cannabis in a different way around the house.

4. If you use cannabis by smoking or vaping, having a designated area such as in the garage or on the back patio can be beneficial if you have to show to an authority how you are careful with cannabis. Needless to say, using cannabis around any child would be grounds for at least an investigation by child services.

5. Be extra careful when using edibles as they look like any other food product and need to be clearly kept separate from other foods and kept secure.