Parent raises concerns about Kentucky’s medical marijuana program

FRANKFORT, Ky. — As the Commonwealth continues the rollout of its medical marijuana program, thousands of people have already received a medical cannabis card.

But with all those people getting cards, some have concerns.

For one parent, who wished to remain anonymous, their concerns with having a medical marijuana card pertained to custody of their children.

Upon applying for and receiving their medical marijuana card, one question they had was how possessing a card and using medical marijuana would be perceived in terms of family court and Child Protective Services (CPS).

To get answers, this person reached out to county officials as well as CPS, but didn’t get a clear answer on what would be permitted.

“The only guidelines they gave me was if you use it, there has to be another sober adult in the household, and you can only use it outside or in your car,” the parent said. “But then when I reached out to the dispatch non-emergency line, if you use it in your car, then you have paraphernalia in your car. And if you use it in your car and you’re smoking it, then you have a smell in your car, which then introduces more problems if you get pulled over or drive with your kids. Also, if you use it outside, that can be public intoxication if you live in county limits.”

The agency responsible for Kentucky’s Medical Marijuana Program is the Cabinet for Health & Family Services.

The parent told FOX 56 they had applied for a medical cannabis card because of a past medical issue where they were prescribed pain medication, but they didn’t want to deal with a possible addiction.

They said the last thing they wanted to happen was to lose custody of their children because of their legal use of medical marijuana in Kentucky.

They are concerned about a lack of communication from the state about the medical marijuana program and said when they reached out to their county officials, no one could direct them to the right place.

We reached out to the officials for the Cabinet for Health & Family Services for an interview and received the following statement from Office of Public Affairs Executive Director Kendra Steele:

“Team Kentucky is committed to ensuring the safety and well-being of our children and providing necessary services for children and families in the commonwealth. In every situation, DCBS evaluates whether a caregiver is able to safely care for a child.”

Per the Kentucky Revised Statutes (KRS) Chapter 218B.045, which discusses a number of rules regarding the medical marijuana law.

It says a cardholder otherwise entitled to custody of, or visitation time or parenting time with, a minor child shall not be denied that right, and there shall be no presumption of abuse, neglect, or dependency for conduct permitted under this chapter unless the person’s actions in relation to medicinal cannabis created an unreasonable danger to the safety of the minor child as established by clear and convincing evidence.

You can learn more about Kentucky’s Medical Cannabis Program here.