Laws in California relating to pregnancy and smoking marijuana?

Question

Anyone know about the laws regarding pot smoking and pregnancy, I know of 3 separate cases where the mothers smoked and the baby did not get taken or anything like that. Two had a medical marijuana card (dr rx for pot), the other one did not.

Can anyone give me some correct advise or web sites to check out?

I AM NOT ASKING IF YOU THINK ITS OK TO SMOKE WHILE PREGNANT I AM WELL AWARE OF THE RISKS, I AM ASKING SPECIFICALLY WHAT THE LAWS ARE?!

THANKS!!!

Answer 1

I don't have any websites for you, but I don't think mothers are tested for marijuana when the baby is born.  They test for speed, cocaine, heroin, etc., but I have never heard of a THC test on a mother or a newborn baby.  Interesting question though

Edit: I looked into this a little more, and I'm pretty much getting the impression that unless something is suspicious with mother and/or baby, most newborns aren't drug tested.  So perhaps that's why these women's children weren't taken away.  I obviously believe smoking pot while pregnant is extremely irresponsible and the mothers do not deserve these babies, but the ones who were using it legally are a tough question because smoking cigarettes while pregnant is obviously bad for the baby, but women who do that do not get their children taking away.  the laws surrounding medical marijuana are still very vague, so you might have a hard time finding an answer to this question.

Answer 2

In states that allow hospitals to drug test a newborn without parental consent they are not allowed to USE that drug test o charge the mother...so they have to find OTHER evidence of concern before they have a legal right to take any kind of action against the mother. be aware hospitals can and sometimes do test newborns. some test ALL newborns, some test only newborns that have problems that would point to marijuana abuse *ridiculous as there has been no study that produced results that said marijuana has significant negative effects on a fetus.*

so if they do happen to test the newborn and it tests positive for ONLY marijuana, in california it is not reason enough to take away your kid. it IS reason enough to get social services involved to the point of interviewing the parents and making sure there are no OTHER forms of abuse or neglect going on in the home. basically it is a red flag and they investigate further, if there is nothing else going on they will do nothing. at the MOST if a pregnant woman tests positive they will require drug rehab and its possible they will insist on drug rehab for the mother if the newborn tests positive.

in a nutshell:

in CA tesing positive for weed does not mean the hospital is required to call CPS, there need to be other indicators before the hospital is required to involve CPS.or those of you who know someone, examine that person because there was something ELSE going on other than marijuana use.

also, as far as a i know the ONLY case that the mother has been convicted of a crime related to using drugs while pregnant...the baby died and the mother had cocaine in her system. IF a mother were investigated that much it would be due to OTHER drug use or serious birth defects that can be pinned on the drug use.

if you have any other questions, just email me through my profile, i have tons of links and info.

i wish people WOULD educate themselves so they don't go around wrongly claiming how bad weed is when all they know is what they learned in elementary school D.A.R.E. programs. weed is FAR better than taking anti-depressants or narcotic pain relievers while pregnant...and they DO prescribe those and babies DO come out with birth defects often because the mother took those Rx drugs.

Answer 3

Most obgyn and their offices do not test for this.  Usually only if mom says she has had or does have a drug problem, then it's their obligation to test for it.  When your baby is born, they do not test for this unless they are given reason, mom's history or newborns health.

Would baby be taken away if tested or mom tested and came back positive?  I don't know.

Answer 4

If you are seriously asking this question then you should not even be pregnant. People like you should never be parents.

You can't smoke pot legally in California...just like every other state.

Seriously don't do it while pregnant. It's not fair to the baby.

Answer 5

No need to get defensive before anyone even answers you. Have you thought of looking it up online instead of asking us? maybe?

Answer 6

Well, there is no different laws for pregnant women. It is illegal either way. However, medicinal marijuana is legal becuase it is prescribed by a doctor for a medical condition. If her doctor didn't end her prescription during pregnancy, then he had to have a reason.

  Now, I absolutely do not agree with any type of illegal substance during pregnancy, but, studies have shown that the tests of effects of smoking pot during pregnancy are inconclusive. Meaning, so far they cannot tell if there is any negative affects to the baby.  

Answer 7

most of these answers are obviously from people who have done nothing to educate themselves in regards to marijuana use in pregnancy.

google dr. melanie dreher.  she is one of a handful of scientists who have researched marijuana objectively and intelligently in the last three decades.

educate yourselves before you judge, people!

Answer 8

Pot is illegal either way, pregnant or not. There are not specific laws for pregnant women

Answer 9

In any state if you get caught with illegal marijuana you can get punished by law. If you are caught with more than your state legally allows you to carry you can end up fined/in jail, even if you are pregnant.

As far as delivery goes, if the hospital chooses to do a drug test on you/baby because you look like you are on drugs, then yes, CPS will be called. It is the hospitals job to call CPS if they feel the child is at risk. Most of the time the hospital doesn't even consider doing a drug test unless the mother has marks on her arms or appears high at the time of delivery. Generally speaking, nothing will happen to you. If you have a Dr. presciption that your doctor allowed you to continue during pregnancy you would have no reason to worry about CPS stepping in.

Answer 10

It is illegal unless you have a RX for it. Even when you are pregnant with an RX you are supposed to quit for the time being. The effects of marijuana on an adult compared to a baby are completely different and that's why its a huge law breaker

Answer 11

Well marijuana is illeagal in california...if you have a perscription for it then maybe you should ask your dr!