Court: Marijuana use not enough to take children

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By Associated Press

Summary

The Oregon Court of Appeals has ruled that the state cannot take away children from a mother who tests positive for marijuana without evidence that shows her drug use endangers the children.

Story Published: Jul 29, 2010 at 6:48 AM PDT

Story Updated: Jul 29, 2010 at 6:48 AM PDT

Court: Marijuana use not enough to take children

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PORTLAND, Ore. (AP) - The Oregon Court of Appeals has ruled that the state cannot take away children from a mother who tests positive for marijuana without evidence that shows her drug use endangers the children.

The court's decision on Wednesday reversed a Marion County juvenile court ruling in the case of a 19-month-old and a 6-month-old the state attempted to take from a woman who tested positive for marijuana during an investigation of the father's own drug use.

The Oregonian reports that the case began in 2009 when the state began investigating claims the father of the children was selling methamphetamine at the family's home.

During the investigation, a Department of Human Services noted the mother appeared to have appropriate parenting skills, however, the woman also failed to appear in mandatory meetings.

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Information from: The Oregonian