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My husband uses and I don't. My friends always freak me out saying that I could get my kids taken away because of his use. I want to know if this is true. I've looked a little online but can;t find a straight forward answer. Can anyone who is knowledgeable about law help me???

2006-07-23 10:52:54 · 6 answers · asked by Leigh 2 in Politics & Government Law Enforcement & Police

6 answers

Yes it is illegal. You may have your children taken by DHS if he is using it in the house. You will have to prove that you are not using and that it is not around your children. If he is dealing or has a quantity that the police believe he is dealing it gets worse for you.

Police like to charge as many violations as possible against the offender. You could be charged too if they believe he is dealing from your home.

DHS is interested in making sure the children are safe. If your husband has a medical prescription then all is fine. I would encourage him not to use it in the house or around the kids, better yet give it up. Most employers don't approve and he would not want to find him self unemployed.

Good luck to you.

2006-07-23 11:03:37 · answer #1 · answered by gln2401 4 · 1 0

If I'm reading it correctly, your question is really about what are the laws regarding when a child can be removed from the parents and for what reasons.

The laws vary slightly from state to state, but the short answer is yes, your children can be taken away from you, and both you and your husband put in jail. Your husband would obviously be going for illegal drugs, but you and he both would face other, more serious charges.

Depending on the specific circumstances and the amount of proof the police have, you could be charged with anything from a misdemeanor encouraging the delinquency of a minor, to more serious child endangerment, to something as high as felony child abuse for knowingly allowing your children to be placed in an environment that is harmful or dangerous. Because that is how the court would view the situation. The court may look at a single person smoking pot on the street as not really that big a deal. But when that person is a parent and is knowingly and recklessly exposing their children to an illegal, dangerous substance, they view it very seriously.

If you get charged with the minor offenses, Social Services would probably remove the children from the home temporarily. If you get charged with a serious offense, they will probably take them away permanently.

Try to get your husband help for his addiction. If he refuses to get help, do everything you can to make sure he does not have any marijuana in the house and does not smoke it around the kids, or have any on him if he is with the kids. If he insists on using and insists on doing it around the kids, kick him to the curb. Do what you can to help him, but don't let someone who doesn't care ruin yours and your children's lives.

2006-07-23 15:48:26 · answer #2 · answered by RJ 4 · 0 0

It is illegal in Oregon to possess, manufacture, deliver, grow, or cultivate marijuana. Knowingly maintaining or visiting a place where people are using, storing, or selling any amount of marijuana is also illegal.

Although Oregon has not legalized marijuana, possession of less than one ounce of marijuana is punishable only by a fine of $500 up to a maximum of $1000. This is not a criminal conviction. Possession of one ounce or more of marijuana is a Class B felony, punishable by a maximum ten year prison sentence and a $100,000 fine. If you are convicted of possessing more than an ounce of marijuana, and you have not been convicted of a drug offense before, you may ask for a 'conditional discharge.' This means the judge will place you on probation for up to five years with the understanding that if you obey all the terms and conditions of your probation, the charges will be dismissed at the end of the probationary period. If the charges are dismissed, you may truthfully say that you were never convicted of that charge.

2006-07-23 10:57:28 · answer #3 · answered by Cybeq 5 · 0 0

Why subject your children to his usage? I think regardless of the state you live in, the odds are pretty good you may have this happen if he is caught using and your children are not being taken care of properly; it's the same for any type of drug, whether it's alcohol or the propensity of others too easily available these days.

If he is caught, and especially if he is selling, he is subjecting your family to a possible Family Services Investigation.

Maybe I'll start using drugs so I can have a wife and kids.

2006-07-23 11:02:52 · answer #4 · answered by Eric B 38 3 · 0 0

your kids are going to be taken away and your husband arrested marijuana is illegal everywhere in the U. S.

2006-07-23 10:57:20 · answer #5 · answered by Anonymous · 0 0

weed is illegal everywhere in the USA and yes your children could be taken away.

2006-07-23 10:55:41 · answer #6 · answered by <3pirates<3 4 · 0 0

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