Marijuana use during pregnancy

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I am wondering if I test positive for marijuana at the time of delivery or if my baby tests positive can CPS take my baby? I have stopped using but I have read that it can stay in your system for up to 3 months. I do not do any other drugs, never drink, and have a stable home environment. I am worried that marijuana will still be in my system or in the baby's at the time of delivery. I told mydoctor's office that I used marijuana when I first became pregnant; they haven't said anything about it to me and I am afraid to ask since I did not stop until I was 7 months along.

Asked 10/29/2009 under Criminal Defense | 824 View(s) | More Legal Topics

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Criminal Defense Law Answers

I think that it is unlikely that, if you have stopped using for two months, you will have enough THC in your system to raise any eyebrows.  Moreover, while it is routine for doctors to report crack-addicted babies, or babies whose mothers are addicted to heroin, I have not heard of having happened with respect to a mother that uses marijuana.  Nevertheless, you could certainly ask one of your treating physicians in the form of a hypothetical question.  Doctor-patient confidentiality should prevent them from reporting any hypothetical question to the authorities.  If you are still concerned and wish to truly play it safe, I suggest consulting with a local family law or criminal law attorney just to be 100% sure.  Good luck.

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