Cannabis Law Prof Blog

Editor: Franklin G. Snyder
Texas A&M University
School of Law

Friday, January 15, 2016

"PTSD-afflicted veteran deprived of his 5 children over medical marijuana use"

AaThis kind of stuff is really, really sad.  From the Denver Post:

    Raymond Schwab, an honorably discharged veteran, moved to Colorado last year to get treated for post-traumatic stress and chronic pain with medical marijuana.

    He didn't expect Kansas would take his children in return.

    . . .

    He and his wife, Amelia, say Kansas took the five youngest of their six children into custody last April, and they've only seen them three times since.

    . . .

    "I don't think what we're doing is illegal, immoral or wrong," Amelia said.

From the article, it appears that Kansas didn't take the children because of the marijuana use -- they were taken into custody after a grandmother reported them as abandoned.  There were also allegations of abuse of the children, which were investigated for several months before being dropped.  After the children were taken into custody, Mr. Schwab moved to Colorado and began using medical marijuana there.  He now wants custody of the minor children again.

The problem now is that Mr. Schwab is admittedly engaging in conduct that both Kansas and the United States consider both dangerous and criminal, and so the question for Kansas officials is whether to release the kids under those circumstances.  The state has said they'll release them when Mr. Schwab demonstrates that he is drug-free for four months, but Mr. Schwab is afraid his condition will worsen without cannabis.

The right result in this case appears to be for Kansas to allow the family to be reunited and to let the Colorado child protection authorities take over the matter.  But one can sympathize with the Kanas authorities as well -- if they really believe that cannabis poses a danger to young children, they would consider themselves irresponsible to release them into that situation.  In other words, they may be wrong, but they're probably not evil.

We'll see more of these situations so long as the Administration and Congress make no attempt to fix the problem.

 

http://lawprofessors.typepad.com/cannabis_law/2016/01/ptsd-afflicted-veteran-deprived-of-his-5-children-over-medical-marijuana-use.html

Medical Marijuana, News | Permalink

Comments

These types of situations are pathetic. Bureaucracy in large government organizations forget that they are dealing with real people, not just numbers. If the allegations of abuse were unfounded and everything dropped than that should not be an issue. As far as Kansas' moral or ethical concern, turn the case over to Colorado just like you suggested. I wonder if they would be as inclined to act as they are if he were on prescription narcotics which have been shown to be more dangerous than marijuana. I hope the US government gets their act together soon on this marijuana issue and removes it from Schedule I.

Posted by: Richard Dewey | Jan 15, 2016 9:44:40 AM

We would love to have assistance in suing the State of Kansas

Posted by: Raymond Schwab | Feb 15, 2016 5:50:22 PM

Post a comment