cannabisnews.com: Marijuana Isn't Issue, Court Says Marijuana Isn't Issue, Court Says Posted by CN Staff on April 03, 2003 at 16:07:06 PT By Phil Trexler, Beacon Journal Staff Writer Source: Akron Beacon Journal Teresa Scott enjoyed a little marijuana at the end of the day.As a single, working mother, pot helped her relax after dealing with her four children all day. Her indulgence, however, didn't sit well with the Summit County Children Services Board or a judge, who stripped Scott of custody of her kids almost two years ago. But thanks to another court, the Akron mother may soon be reunited with her children.In a 2-1 decision, the 9th District Court of Appeals ruled this week that marijuana use alone was not enough reason for a judge to deny Scott custody.The case now goes back to Juvenile Court, where newly elected Judge Linda Tucci Teodosio will decide if the children should be returned to the 30-year-old mother.No court date has been set, but CSB officials say they will not oppose the reunion.On Wednesday, Scott's attorney, Richard Kutuchief, and Ohio marijuana proponents hailed the court's decision -- but for different reasons.Kutuchief said the appellate court's decision is not an endorsement for parental pot smoking. Rather, he said, the decision simply shows that the county had no evidence of neglect and thus no right to take custody of Scott's children.He said Scott's marijuana use amounted to a minor misdemeanor, a similar offense to speeding, ``and you don't take custody of a child when a parent exceeds the speed limit.''In his appeal, he argued that Scott maintained a clean home and worked to provide for her children.He said there was no evidence of abuse or neglect and that Scott's only indiscretion was using small amounts of marijuana daily and out of the sight of her kids.``It's not about smoking marijuana. The issue is about parenting and whether your behavior as parents affect your children.``The only issue the (juvenile) court found was that because the mother smoked marijuana, she must be an ineffective parent. And I argued that there was no evidence of that.''Appellate Judges Donna Carr and William Batchelder agreed. They tossed out a ruling made in August 2001 by then Juvenile Court Judge Judy Hunter, who gave the county temporary custody of Scott's four children, then ages 7, 9, 10 and 12.``While this court certainly does not condone a parent's use of an illegal substance or abuse of a legal substance, parents have a fundamental right to raise their children,'' Carr wrote.``Without some evidence that Teresa's supervision of her children or the environment of her children has been affected in some negative way by her use of marijuana, there is not clear and convincing evidence of dependency.''Appellate Judge Lynn Slaby disagreed with his fellow jurists in crafting his dissenting opinion. He said there was evidence to suggest that Scott's marijuana smoking ``can do nothing but have a detrimental impact on the children.''``I believe the detrimental impact is the mother saying, in effect, I can continue to violate the law and nothing will happen to me,'' Slaby wrote.According to court records, Scott's pot smoking came to light in August 2001 when her youngest child was beaten with a belt by a half sister during a visit with his father. Scott took her son to the hospital to be treated for welts. In turn, the hospital contacted CSB.During a follow-up interview, CSB learned of Scott's marijuana use, an allegation she did not dispute. When she failed to show up in time for a drug screening test, CSB removed the children from her home, triggering the Juvenile Court case.Scott testified that she used marijuana to help her relax. She said she had smoked since age 11.Hunter ruled that Scott's long-term, daily use of the drug made her children dependent under the law and granted the county custody.``There was nothing to suggest that Teresa was failing to meet any of her children's needs,'' Carr ruled, adding that the children ``were clean, healthy, attended school and were apparently good students.''Philip Bogdanoff, an assistant county prosecutor who represented CSB in the appeal, said the agency felt Scott could not properly care for her children.``I told the court that I felt a mother high on drugs could not adequately care for her children if some emergency came up or if they were sick or hurt. CSB certainly didn't want a caregiver who was always high,'' he said.``Obviously, we felt very strongly that the children's environment was such that CSB should be involved when you've got a single parent using illegal drugs.''John Hartman, director of the Ohio Cannabis Society, said the appellate court ruling is ``just common sense.''``If the person is not a bad parent, what should you care what they consume in their recreational time. There are good parents who smoke marijuana and bad ones who don't,'' he said.Scott's children have been living with relatives since being removed from their Akron home. Scott has regular visits with her children.Kutuchief said she has quit smoking marijuana.``She's delighted that finally justice has prevailed. She now has something to look forward to that will lead to the return of her children,'' he said.Note: Justices rule pot use no reason to deny custody; Juvenile Court to decide.Source: Beacon Journal, The (OH)Author: Phil Trexler, Beacon Journal Staff WriterPublished: Thursday, Apr 03, 2003 Copyright: 2003 The Beacon Journal Publishing Co.Contact: vop thebeaconjournal.comWebsite: http://www.ohio.com/mld/beaconjournal/CannabisNews -- Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml Home Comment Email Register Recent Comments Help Comment #10 posted by Kegan on April 04, 2003 at 04:14:49 PT What is okay and what is not Where I grew up, alcohol was vehemently discouraged, and pot use was forbidden. It was NEVER okay for anyone to use pot.But......It WAS okay to encourage your child to get into fights on the playground.It WAS okay to scream at your son for 40 minutes after every little legue hockey game.It WAS okay to stick a loaded (and recently discharged) 12 guage shotgun against the nextdoor neighbor's nose.It WAS okay to smack your daughter and hold her under the water in the pool for a "scare".It WAS okay to talk about guns and violence and mayhem, every single day for decades.It WAS okay to encourage racism, and sexism in your children.It WAS okay to tell your kids stuff like “When you’re 18, you’re out the door!”It WAS okay so drive so aggressively that it endangers the lives of fellow drivers.It WAS okay to train your child to be greedy and materialistic.Okay.... so.... I have some "father issues". [ Post Comment ] Comment #9 posted by freedom fighter on April 03, 2003 at 22:47:21 PT Tapping my cane seconding the motion Prime! I understand how you feel.. Saw a program yesterday, "Judge Amy", the issue was about cannabis. It was interesting to watch that show cuz, here you see a judge who came from the 70's... I mean she is no flower child but now a judge facing the issue if the state should take the child away because the kid stole the joint from his parents to try to help his sick friend. His sick friend end up in hosptial. Needless to say, the state made a big deal about it and Judge Amy had to decided wither if the parents were fit to be parent.At the end of the program, Judge Amy decided that the parents were able to take care of their son but they must submit "piss-invasion" for the next 6 months.At the very very end of the program, Judge Amy's daughter asked her mother if she ever did drugs..ahhh you know the rest???Prime, I'll be your point guy.. You know to set things up.. Sigh... Now, no kids around me...Pls leave me alone ;)pazff [ Post Comment ] Comment #8 posted by FoM on April 03, 2003 at 21:13:07 PT Just Another Comment I know that many of you are following the war as closely as I am. I thought that when the war started CNews would slow down more then normal. I was pleasantly surprised when I checked out the total hits for CNews for March. It was over 3,000,000 hits. This is the first time we broke 3,000,000. Cannabis reform is still important. The war is important but we are too. [ Post Comment ] Comment #7 posted by FoM on April 03, 2003 at 21:04:26 PT Prime If you ever want me to remove something just ask me and I will. I've removed posts for others that have asked. I'm glad you were able to read mine though. [ Post Comment ] Comment #6 posted by Prime on April 03, 2003 at 20:59:42 PT I read it FOM... Thanks for sharing. I often wish I had the power to remove what I have said. ;-) [ Post Comment ] Comment #5 posted by FoM on April 03, 2003 at 19:51:04 PT afterburner Thank you. Sometimes an article will really upset me and when it comes to this article it did. Yes we all do have reasons why this issue is important. I'm very happy that in the midst of the war that we have been able to maintain news at all. We won't run and hide and quit. We've come to far and our time is now or it should be. [ Post Comment ] Comment #4 posted by afterburner on April 03, 2003 at 19:40:55 PT: FoM That's all right. We all have our own personal reasons (friends and family) for fighting this fight.God bless. [ Post Comment ] Comment #3 posted by FoM on April 03, 2003 at 19:32:29 PT Just a Note I removed my comment. I wasn't comfortable with it and wanted to mention why it's gone. [ Post Comment ] Comment #1 posted by Prime on April 03, 2003 at 18:53:00 PT Man... this is just sick... How friggn nuts can they get?"Hunter ruled that Scott's long-term, daily use of the drug made her children dependent under the law and granted the county custody."I'm usually a pretty tempered guy, but if Hunter ruled this way with my kids, he'd have to change his name to Hunted. My wife grew up in home of abuse, and there wasn't anybody in that house smoking cannabis, they were all alcoholics.This is where I start feeling violent... so I'll just end this now and go "adjust", away from my kids. [ Post Comment ] Post Comment