If you’re a parent who smokes marijuana – whether recreationally or medically – you may be wondering: Can Child Protective Services (CPS) can take my child because I smoke weed? The short answer is yes, but not just because you use marijuana.
CPS doesn’t remove children from their homes or a parent’s care solely because of marijuana use; they act when your use results in neglect, endangerment, or an inability to parent safely.
Now, it makes sense to wonder if using marijuana will prompt CPS to take a child away, because marijuana-related CPS investigations do indeed occur. One 2024 investigation revealed that around 100,000 CPS investigations involving marijuana occurred over a five-year period in six states alone: Louisiana, Ohio, West Virginia, Iowa, and Nebraska.
So, if you’re using marijuana in a way that puts your child at risk – such as being impaired while supervising the child, leaving edibles in an accessible area, or failing to meet your child’s needs – then CPS may have grounds to intervene, and yes, removal is possible.
Legalization doesn’t mean you’re in the clear
Even in states where marijuana is fully legal, that legality does not prevent CPS from opening an investigation.
Rather, CPS focuses on the safety and well-being on the child, not your legal rights as an adult user. That means you can be using marijuana lawfully and still be considered neglectful if your use compromises your ability to parent. Smoking in enclosed spaces around children, driving under the influence, or appearing visibly impaired while caring for your child can all be red flags that may prompt investigation from CPS.
Testing positive for marijuana can also lead to CPS action. A positive drug test may result in an investigation, particularly if you are involved in a custody dispute, have prior CPS involvement, or someone has reported drug-related concerns.
However, a positive test does not automatically mean your child will be taken. It all depends on whether your marijuana use is causing harm or concern.
Considerations for 4/20-friendly parents fighting for custody
If you’re in a custody battle, you should also know that you can lose custody if marijuana use is seen as harmful.
Again, this doesn’t mean you will lose custody just because you smoke weed, but if that use interferes with your parenting time, violates court orders, or takes place in the presence of your child, a judge may use that as a basis to restrict your custody or require strict monitoring.
Courts always apply the best interests of the child standard, and any behavior that suggests poor judgment on your part can tip the scale in a way that is unfavorable to you.
So, will CPS take your child for smoking weed? The bottom line
If you’re currently under CPS investigation or involved in family court, it might be best to play it safe and limit or entirely cease marijuana use during this time. Even if your use is legal and controlled, any perception of impairment can hurt your case.
From my experience as a family law attorney, parents are often asked to prove that they are making responsible choices, which may include avoiding substances altogether.
If that is not feasible, at least try to smoke at a time when your children are not present. Importantly, always ensure you are in compliance with any court orders in place.
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