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Medical Tests, Cps


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the cps manual states that they must contact the dr involved to make sure its a legit mmj recommendation before taking action.

 

http://www.mfia.state.mi.us/olmweb/ex/PS/Public/PSM/712-6.pdf

 

An allegation of neglect based solely on a caretaker’s substance

use is not, in and of itself, appropriate for CPS investigation. The

complaint must include an allegation of child abuse and/or neglect

as a result of the substance use to be appropriate for investigation.

 

When parents or caregivers report the use of prescribed medica-

tions which may contain mood-altering properties (including, but not

limited to anti-depressants, anti-psychotics, methadone, medically

prescribed marijuana and pain-killers), the worker must confirm

those prescriptions with the medical professional who prescribed

them; see PSM 713-06.

 

also this

 

http://www.mfia.state.mi.us/OLMWEB/EX/BP/Public/BPB/2015-016.pdf

 

If an applicant or recipient tests positive for marihuana and is a

qualifying patient who has been issued and possesses a Michigan

Medical Marihuana Program registry identification card, do not

consider this a positive drug test for the purposes of this pilot. The

applicant or recipient must provide the MDHHS specialist a copy of

the Michigan Medical Marihuana Program registry identification

card and photo identification. Both must be retained in the case

file. See Exhibit I in this policy for examples of what an acceptable

Michigan Medical Marihuana Program registry identification card

looks like. If the applicant or recipient states they do not have their

Michigan Marihuana Program registry identification card, the

applicant or recipient can complete a Michigan Medical Marihuana

Program Release for Disclosure of Information Form found at

http://www.michigan.gov/lara/0,4601,7-154-72600_72603_51869,00.html.

The applicant or recipient’s signature must be notarized

by a valid notary. The Michigan Department of Licensing And

Regulatory Affairs (LARA) will confirm to MDHHS whether the

applicant or recipient possesses a valid Michigan Medical

Marihuana Program registry identification card.

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That does seem positive. At the same time, I read things like this, and this, and this

 

It seems like often, they don't follow the handbook.

 

Another one of our Attorney General's crusades. Every report from the lab will say this;

 

"He is charged with possessing synthetic THC, but Lorincz's attorneys contend it's not synthetic despite an ambiguous determination from a state police lab."

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there have been cases where drug tested children have been an issue, see this story for more info:

http://www.mlive.com/lansing-news/index.ssf/2013/10/baby_bree_returns_home_as_medi.html

 

 

 

 

heres an article on cps in michigan with the mmma, although it does not deal directly with children who test positive for thc.

 

http://www.childprotectiveservicesdefense.com/michigans-medical-marijuana-laws-and-children.html

 

Michigan’s Medical Marijuana Laws and Children

CPS Defense Attorney | July 9, 2015

 

 

Why Medical Marijuana Protocol is so Important

 

____, a 31-year-old mother from Mesick village, is facing child abuse charges for treating her two sons with medical marijuana. But _____, a mother from Grand Blanc, uses medical marijuana oil to treat seizures in her 6-year-old daughter. And it’s perfectly legally. So how does one mother using medical marijuana on her children end up the subject of a CPS and criminal investigation, while the other doesn’t? What’s the difference?

 

The answer to that question is simple: protocol. What do we mean by that? Well, in Michigan, the medical marihuana law (MMMA) allows for a child to be treated for a medical condition by using medical marijuana. But there is a catch. A parent MAY NOT simply decide on their own to treat a child with medical marijuana. That decision requires not one, but two, doctors opinions that medical marijuana is a needed treatment.

 

Under Michigan law, an adult may be treated for certain medical conditions with medical marijuana if they receive dispensation from a medical doctor. A child, on the other hand, requires two separate and unaffiliated doctors to prescribe the use of medical marijuana before the state will even consider issuing a child a patient’s card.

 

After all, this is a very controversial subject. Currently there are only about 150 children in the entire state who are approved for medical marijuana use. And while that number is still relatively low compared to registered adult users, it is still three times higher than it was only three years ago.

 

In the case of ________, who chose to treat her two sons for emotional issues with medical marijuana, she did not follow protocol. She did not seek out the opinions of any medical doctors. And she did not apply for a state-issued patient card for either of her sons. Had she applied, she would have known that neither anger management problems or ADHD are medical conditions recognized by the state for medical marijuana treatment.

 

________, on the other hand, followed the state’s protocol for acquiring a medical marijuana card for her daughter, ___. ____ suffers from a congenital genetic disorder called 1p36 Deletion Syndrome. It is characterized by moderate to severe intellectual disability, delayed growth, seizures, limited capacity for speech and hearing and vision impairment.

 

While federal law still forbids the use of marijuana, medical or otherwise, for either treatment of illnesses or recreational use, Michigan state law allows it. But that law is very specific about how a parent has to go about pursuing the use of medical marijuana for their child. And parents who choose not to follow protocol risk charges of child endangerment, child abuse and drug possession.

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  • 2 weeks later...

Im not concerned about a child testing positive - there is no chance of that.

 

I mean if I go in and have tests done that show positive - is it likely that a doc will report me to CPS because I am a dad?

Doctors cant share information with anyone due to federal HIPPA laws your medical records are privileged information  .

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