State seizes 11-year-old & arrests mother after he defends medical marijuana

[Wildtree]

That isn't how it works. At all.

Says who?

Cause that's exactly how it works....... Cannabis oil that contains no THC is legal in all 50 states.
It's been on the market forever.
From that angle, seizing cannabis oil alone is no substantial proof in court. To be that, the THC content of the oil has to be determined in a lab. If there isn't any, then there's no recreational drug at hand, instead just some herbal oil used for all kinds of stuff.

[Daerio]

Says who?

Cause that's exactly how it works....... Cannabis oil that contains no THC is legal in all 50 states.

If it contains zero THC, yes. If it has any amount of THC (hint - it will, especially since it's probably homemade) then it's illegal.

You're dancing around the difference between using it to get high and using it for a medical condition, and attempting to establish intent to get high, when you really can't do that.

Additionally, THC itself is medicinal, so attempting to say if it contains THC it must be for getting high is also grossly incorrect.

http://www.mpp.org/assets/documents/...-high-cbd.html

Tetrahydrocannabinol, or THC, is just one of the roughly 85 cannabinoids found naturally in marijuana. Clinical trials and the experiences of hundreds of thousands of patients have shown that THC, and strains of marijuana that include THC, provide important medical benefits for individuals suffering from pain, multiple sclerosis, nausea, and wasting disease.

[Nysty]

If it contains zero THC, yes. If it has any amount of THC (hint - it will, especially since it's probably homemade) then it's illegal.

She definitely used to make her own so you are most definitely right there that it will contain a reasonable amount of THC.

As an aside, her only comfort in this is that her ex-husband has 0 issues with her use of cannabis for her condition and in fact, helped her in improving the oil collection process she uses so he's unlikely to use that against her in a custody hearing unless things turned really bad between them.

For me too many details remain unclear to fully judge what happened.

[Miley]

To all the posts saying how can police talk to the child without a parent present:
While in school the school is the child's legal guardian. Police can legally talk to a child while at school.

[Daerio]

She definitely used to make her own so you are most definitely right there that it will contain a reasonable amount of THC.

As an aside, her only comfort in this is that her ex-husband has 0 issues with her use of cannabis for her condition and in fact, helped her in improving the oil collection process she uses so he's unlikely to use that against her in a custody hearing unless things turned really bad between them.

For me too many details remain unclear to fully judge what happened.

And it's not so far out of the realm of possibility his views on marijuana will be used against him when CPS investigates. After all, if he's OK with it, he must be giving it to his son too, right?

Reminds me quite a lot of Barry Cooper being forced to flee the country after CPS attempted to take his children also, for being a marijuana activist and busting the Texas police for being corrupt. "Mistrusting the government" being the official charge, because that's not allowed here in America.

[Repefe]

What are you missing....... Alright, let me put your nose into it then..
The Article was from April 17. The event took place on March 24..... That's one month...
IF that oil was harmless, hemp oil type with no or below level THC content, then it would not be an issue at all. Because within 1 month time this would have long been analyzed accordingly.
Since the oil is however the key point of the whole case regarding arrest and possible loss of custody, just stop trying to pretend that it was harmless non-qualifying oil.
The default information is, recreational drug use type oil.

The article only mentions cannabis oil, not recreational cannabis oil or whatever.
The mum was not charged with posession. If it's clear the oil was for recreational use, why are there no charges.
She has a medical condition that can be treated with medical cannabis oil with minimal amounts of THC with good results.
The kid explicitly told that his mum calls it cannabis, rather than marihuana, which also favors the option that it was not strong enough to use as a drug.
She didn't bother to throw it away during those 3 hours. If she was getting stoned with the oil, you know ... just pour it into the sink, done. But she kept it, maybe because she needed it to treat her condition, rather than recreate with it.

So based on logic, the default information is ... harmless oil. Except it's not. The default information is that it was cannabis oil. Just that. Also the hearing may have been scheduled before the content of the oil was analysed simply as a precaution (that's basically your whole argument ... scheduled custody hearing).

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Cause that's exactly how it works....... Cannabis oil that contains no THC is legal in all 50 states.

Medical cannabis oil, even used by children can contain minimal amounts of THC. And it's not legal in all states. Also you can't get high from it.

[Aeula]

So the madness of US police officers continues into non-violent areas, anything for the war on drugs, eh?

[Nysty]

And it's not so far out of the realm of possibility his views on marijuana will be used against him when CPS investigates. After all, if he's OK with it, he must be giving it to his son too, right?

Can't honestly say how it works there with CPS on this subject. Knowing that someone uses whilst not being a user yourself could well be viewed differently as being a long term user who still uses it and advocates for it around her child even if she has amazingly valid reasons for it's use by most non-dickish standards. Of course, they might just say screw you both and by not reporting her use of cannabis it makes you an unfit parent as well.

As for Barry Cooper I can't comment no his case specifically. I know he claims that all charges against him were trumped up as a direct result of his activism and for no other reasons. As a result of his internet show it may be the case however it's also possible that other circumstances were involved.

[bugler18]

I use cannabis for Bipolar Disorder. People are getting hung up over the small amount of oil that was found, when the REAL issue is the nanny state almost everyone in this thread wants. Someone cannot speak their mind without being blasted by the PC police. The child showed INTELLIGENCE when it came to cannbis and the schools cant have that can they! They would rather the child watch Reefer Madness and be told "This is truth. Weed, not even once."

She should sue.

[Nysty]

I use cannabis for Bipolar Disorder. People are getting hung up over the small amount of oil that was found, when the REAL issue is the nanny state almost everyone in this thread wants. Someone cannot speak their mind without being blasted by the PC police. The child showed INTELLIGENCE when it came to cannbis and the schools cant have that can they! They would rather the child watch Reefer Madness and be told "This is truth. Weed, not even once."

She should sue.

Sue for what exactly? That her son outed her for illegally using cannabis oil and she was arrested as a result? She's a self-admitted long term user of illegally obtained cannabis. I sympathize with her condition, chron's is an awful disease, but she's also admitted to using cannabis in multiple forms whilst her child was young and has publicly complained that she was unable to obtain large quantities to make her own oil.

Decriminalizing it is past due in many peoples minds but it doesn't mean she should be able to sue because she ignored the law and thus got penalized.

[Deleted]

It's illegal only because the government is slow and public is uninformed.

Well said. However I often think it doesn't even matter. Homosexual couples are still legally discriminated for example. Democracy is sometimes detrimental to itself.

[TheConsciousness]

Sue for what exactly? That her son outed her for illegally using cannabis oil and she was arrested as a result? She's a self-admitted long term user of illegally obtained cannabis. I sympathize with her condition, chron's is an awful disease, but she's also admitted to using cannabis in multiple forms whilst her child was young and has publicly complained that she was unable to obtain large quantities to make her own oil.

Decriminalizing it is past due in many peoples minds but it doesn't mean she should be able to sue because she ignored the law and thus got penalized.

By law, law enforcement are not allowed to take students out of their classrooms to interrogate them without parental consent AND parental presence. The kids mom was not notified by the school or police at any point. If this were a matter of CPS investigating, then yes the CPS could pull the child from class, however not law enforcement like what happened in this case. For that, she'll win any case she throws at them, and most likely have a little more spending money to spend on her and her child.

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I use cannabis for Bipolar Disorder. People are getting hung up over the small amount of oil that was found, when the REAL issue is the nanny state almost everyone in this thread wants. Someone cannot speak their mind without being blasted by the PC police. The child showed INTELLIGENCE when it came to cannbis and the schools cant have that can they! They would rather the child watch Reefer Madness and be told "This is truth. Weed, not even once."

She should sue.

The average user on this site is like 12 years old. They have no idea of police states, corrupt governments, and wicked laws.

[Hotmail]

http://en.wikipedia.org/wiki/Cannabis_(drug)

Cannabis, commonly known as marijuana and by numerous other names, is a preparation of the Cannabis plant intended for use as a psychoactive drug and as medicine. It is sometimes consumed with other edible products such as [8]pizza, but is generally [9]injected. [10]Marijuanas are legal in most states and provinces, unless you are [11]caught.

[Nysty]

By law, law enforcement are not allowed to take students out of their classrooms to interrogate them without parental consent AND parental presence. The kids mom was not notified by the school or police at any point. If this were a matter of CPS investigating, then yes the CPS could pull the child from class, however not law enforcement like what happened in this case. For that, she'll win any case she throws at them, and most likely have a little more spending money to spend on her and her child.

Not sure what country you live in but that is NOT true for the US where this case takes place. The US and quite a few other countries use 'in loco parentis' for certain situations.

The term in loco parentis, Latin for "in the place of a parent"[1] refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law, it is applied in two separate areas of the law.

First, it allows institutions such as colleges and schools to act in the best interests of the students as they see fit, although not allowing what would be considered violations of the students' civil liberties.

That's just a quick cut from the wiki, there's a lot more detail on it on other sites. The limits and restrictions on this have been discussed and upheld by SCOTUS so it's pretty fair to say that I'd accept what they say as more accurate than what someone I don't know says especially when this is backed up by what I know from teachers and cops.

[Rooflesstoofless]

Yea, it's the main reason I just can't take a lot of these pro-legalization polls seriously. If people honestly believed that it's worth legalizing they'd not be so disinterested in making it so.

Consider that for most of the prohibition of cannabis the internet wasn't around so people pretty much had the word of the police and organizations like D.A.R.E. and propaganda from the federal government. You can't exactly blame the people for not getting something done sooner when they've been systematically lied to.

[Oktoberfest]

To all the posts saying how can police talk to the child without a parent present:
While in school the school is the child's legal guardian. Police can legally talk to a child while at school.

yeah sadly this is pretty much true. Not kosher imo with the Constitution and the 9th and 10th amendments but in the courts it is. Dont like it then bitch to the courts and call your state reps and tell them to get a law in protecting parental rights

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People need to realize the bigger the government you grow the more this shit will happen

[ttak82]

But he'll soon become the prince of a town called Bel-Air!

Sad but true. For both the kid and mother's sake, I hope she wins back custody.

CPS is a farce. One of the worst things in the world.

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By law, law enforcement are not allowed to take students out of their classrooms to interrogate them without parental consent AND parental presence. The kids mom was not notified by the school or police at any point. If this were a matter of CPS investigating, then yes the CPS could pull the child from class, however not law enforcement like what happened in this case. For that, she'll win any case she throws at them, and most likely have a little more spending money to spend on her and her child.

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The average user on this site is like 12 years old. They have no idea of police states, corrupt governments, and wicked laws.

Yeah, so many people bashing the lady/kid while missing the point.

[Oktoberfest]

Sad but true. For both the kid and mother's sake, I hope she wins back custody.

CPS is a farce. One of the worst things in the world.

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Yeah, so many people bashing the lady/kid while missing the point.

CPS in every state is a bunch of fucking nazis really. I think Arizona disbanded the department and redid or is redoing it? Im not sure I didnt read up on it and am going by a brief blurb I had read.

Most people have no idea that the CPS is basically judge jury and executioner. There aint shit you can do about em either. They can snatch your kids and your only recourse is very expensive lawyers and then you have to hope some fucking pedo isnt raping your kids in foster care in the meantime.

Nobody is saying that kids that are really fucking in danger dont need protection but there needs to be ways for the parents to defend themselves too. CPS shouldnt be allowed to even touch a kid unless the parents are fucking beating with fists or molesting them. Everything else should require court hearings.

All this shit from the cops and cps is what happens when you get the govt big and give them powers they are not supposed to even have.

[Deleted]

Land of the free, lol

[Raldazzar]

Nobody said anything about alcohol or tobacco.

Nobody said "Weed is the most evil thing" either.

She went to a state where it is illegal, and had it at her house. She broke the law. Stupid law perhaps, but the law is the law and she chose to break it.

I have to say, I agree with this.

I 100% agree it sucks, and it's basically unfair. subpar medical care led her to self treat. it worked. it wasn't hurting anyone. but hey, she knowingly broke the law.. whether its legal 2 minutes up the road or not is irrelevant.