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I have a question for you. Let’s say, that a man has his “State Issued” Medical Marijuana Card and is legal. His pregnant wife whom does not smoke/medicate at all(100 percent) went to her first OB appointment. WITHOUT HER PERMISSION AND KNOWING, she was given a drug test. On the second visit she was informed she had tested positive for THC on her first visit EVEN THOUGH she does not smoke at all! So, The husband had tells the Doctor of his Medical Card and the Doctor had states that if the wife had been around the husband while medicating/smoking than she will test positive even if she does not smoke. So, she was given another test that day. Later that night after the second appointment(second doc’s test), she buys an at home drug test, tries it that same night and fails that as well. SO, they knew for certain they would fail the second Doctor’s test earlier in the day. SO starting then, he never medicates around her at all.(at the advice of the doctor) Almost a month goes by. A week before their second OB visit they bought another at home test. She takes it and PASSES! Then a week later she goes to the OB for her third visit. The OB Doctor states that she had failed her second test(from her previous appointment, which they knew they would from there at home test that very same night). They state that “last week” they took an at home test and passed and assured the Doctor that she had not been around it an entire month since their last visit. THEN, the doctor says she would give a third and final test. If this one turns up negative, then she would expunge the first two from her record. BUT, if it turns out positive again, she would have to notify CPS(social services). They later go home that night. They buy and take ANOTHER at home test. AND she passes yet again!

 

So my question is this,. She has not been around it in a month. She passed her at home test a week before her doctor’s appointment. Then she went to her appointment and took her third and finale test their. THEN, she bought another test and PASSED that test later that night after the doctor’s appointment. She passed two tests on each side of the doc’s test. Will she pass the Doctor’s test since she passed the at home tests. Would this Doctor have violated any rights? Would they have anything to worry about since she passed two AT HOME tests? Any comment would be GREATLY appreciated! THANKS!

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I have a question for you. Let’s say, that a man has his “State Issued” Medical Marijuana Card and is legal. His pregnant wife whom does not smoke/medicate at all(100 percent) went to her first OB appointment. WITHOUT HER PERMISSION AND KNOWING, she was given a drug test. On the second visit she was informed she had tested positive for THC on her first visit EVEN THOUGH she does not smoke at all! So, The husband had tells the Doctor of his Medical Card and the Doctor had states that if the wife had been around the husband while medicating/smoking than she will test positive even if she does not smoke. So, she was given another test that day. Later that night after the second appointment(second doc’s test), she buys an at home drug test, tries it that same night and fails that as well. SO, they knew for certain they would fail the second Doctor’s test earlier in the day. SO starting then, he never medicates around her at all.(at the advice of the doctor) Almost a month goes by. A week before their second OB visit they bought another at home test. She takes it and PASSES! Then a week later she goes to the OB for her third visit. The OB Doctor states that she had failed her second test(from her previous appointment, which they knew they would from there at home test that very same night). They state that “last week” they took an at home test and passed and assured the Doctor that she had not been around it an entire month since their last visit. THEN, the doctor says she would give a third and final test. If this one turns up negative, then she would expunge the first two from her record. BUT, if it turns out positive again, she would have to notify CPS(social services). They later go home that night. They buy and take ANOTHER at home test. AND she passes yet again!

 

So my question is this,. She has not been around it in a month. She passed her at home test a week before her doctor’s appointment. Then she went to her appointment and took her third and finale test their. THEN, she bought another test and PASSED that test later that night after the doctor’s appointment. She passed two tests on each side of the doc’s test. Will she pass the Doctor’s test since she passed the at home tests. Would this Doctor have violated any rights? Would they have anything to worry about since she passed two AT HOME tests? Any comment would be GREATLY appreciated! THANKS!

 

Really tough situation. I know, hindsight is always 20/20, but after being informed the first time that she had been drug tested, she should have confronted the situation right there. There may be a clause in the doctor's paperwork that you have to sign off on giving them permission to drug test. Ask to see it. If it isn't there, simply state that you refuse to allow any tests without your specific consent. Doctor's work FOR us, not the other way around. I understand how CPS involvement can be terrifying seeing as how they have much more power and leeway than LEO, though., so I know powerful that threat can be.

 

That being said, I don't think you have anything to worry about. If it has been a month with no proximity/contact with THC, then 99% of the time, a person will test negative. Now, if the person has been a very heavy marijuana user, or has a higher percentage of body fat (where THC is stored) then it might take a little longer. But even with those circumstances, a month should be fine. It is one of the crazy things about drug tests, cocaine, ecstasy, heroin, etc. all are completely absent from your system within a matter of days. THC sticks around and is detectable for 2 weeks on average.

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I wonder why that it is in your system longer. I do understand about it being stored in body fat, when I was a younger heavier person and def a heavier user, it took me over 90 days to test clean for thc!

 

I dont think it should matter any how, most woman do quit smoking cigerettes and just about any of their habbits when becoming pregnant, but lets say she smoked ciggerettes would they report her to dhs than?

 

Peace

FTW

Jim

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The only thing I can think of is maybe the doctor's office uses a more 'thorough' test than the over the counter drug test kit.

 

They probably bring the urine to a lab and test for all kinds of things. If a urinalysis is done in a lab, they are able to test different levels of things (i.e. tch), which would most definitely be more accurate than a take home urine test kit.

 

I've been told both that second hand smoke won't show up in a test and that it will. I would think that if second hand smoke was able to be detected in someone, they are probably in a pretty enclosed place, like a car, with the person that is smoking. Which probably isn't a good idea if you're pregnant.

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Well, it has been 1 week since the last and finale urine test. She passed an at home test a week before and she passed an at home test later that night after the doc's. She passed two at home tests and took the doc's in between the at home tests. No word or calls from either the doctor nor the social services. Would she have called right away or would she wait until the next visit. What are the chances of passing the doc's test after passing two at home tests on each side of it?

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Not going to get into too much detail, but if the pregnant person is on any type of public assistance including medicaid, she can be tested anytime, without previous consent. I would suggest strongly, if she has already failed 2 tests, to do EVERYTHING possible not to fail a 3rd. (which sounds like they are doing)

 

 

good advise! those northern girls are the smartest and prettiest! They are allowed to test you anytime if you are getting assistance!

 

 

Peace

FTW

Jim

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what is cps going to do? if you're legal and are taking measures to prevent her from being exposed, there is nothing they can do.

 

cps is a bunch of lazy f-wads, anyway, IMO. we see them all the time send people home with their kids when there is clear-cut neglect.

 

also, i'd tell your doc you'll do the test, if THEY pay for it, and they pay for the previous tests. inform him you are legal, you are doing everything possible to keep her away from it, and unless he has an evidence of the child being in danger, you don't feel you should pay for it

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Phaquetoo- Why thank you! But until you have seen me, I would reserve the judgement on pretty ;) I will not claim to be the smartest either...But I do believe that a person can never be too educated!

 

Phil78 - I hate to see you label all C.P.S workers "lazy f-wads"- You are forming a judgement based on those you or someone you know have dealt with. Like in any field, you have the "good ones" and the "bad ones". The stigma placed on C.P.S saddens me, as they often are used as pawns in some form of threat to a parent. The purpose of C.P.S is not to punish parents, its to keep children SAFE and families strong.

 

You are correct, many cases that should be pushed further are not and children are indeed sent back to unsafe environments...but that isn't due to all CPS workers...that is generally the decision of a judge with recommendations from one CPS worker. As common sense will dictate, one judge or one CPS workers definition of neglect is going to be different from anothers. There are certainly many instances where a child or family structure has benefited greatly from the work of CPS. Please believe there are some out there that do it for the safety and passion of innocent children and to help parents learn to be responsible parents!!

 

I find it almost funny that you claim in advice to "about to be parents", that there is nothing that CPS can do.....whether ethical or within your interpetation of the law there is plenty that could possibly be done. Why test your theory and chance having to put your child/family through a unneccessary ordeal. As a parent, children should come first...Tell me, is there a law that says we can't leave leave a child sit in a dirty diaper for hours, Is there a law that dictates when or how we feed a child...NO! I have seen cases being opened for both of those things...Neglect of a child is not neccessarily defined by any "law". People are expected to have some common sense when it comes to the safety and welfare of their children!

 

As for you telling the doctor to pay for the testing.....Good luck with that!! It sounds to me that the patient is on medicaid or some type of public assistance (in order for the doctor to even be testing without consent) and in that situation, the tax payers are indeed paying for the drug testing...and its well within the "law". Research public assistance/medicaid and drug testing....When doing so, keep in mind, MMJ laws do not apply for those that are not MMJ recommended patients. (which they stated she IS NOT)

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unfortunately, i do not hold cps in an optimistic light, as you do. yes, they end up as pawns. unfortunately, they also know this, so just go through the motions.

 

tell me, though, what CAN they do to someone who is making an effort to protect their child? they are demonstrating the means and ability to do so, by the father not smoking around the mother. the father is legal (i'm assuming, as he is posting in a mmj forum), and the law states you cannot take children away from their parents when they are legal patients.

 

i've seen cocaine-using mothers, everyone knew it, carry full term and walk out of the hospital with their child. that IS neglect for the babies health and VERY poor judgment on the mother's behalf.

 

myself, i would never take the risk. when my wife became pregnant, the smoking stopped period.

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I am not going to waste my time explaining hypothetical things CPS could do....That wasn't even the main concern of the original poster. We all know county to county and worker to worker, things are treated very differently. Your claim above is incorrect or perhaps just not explained correctly.....children can indeed be removed from parents that are mmj patients, perhaps not due to the mmj usage, but if their is other abuse or neglect going on...most definatly!! What you are also failing to take into consideration is that ONLY the father is a registered patient, the mother IS NOT....mmj laws do not apply to her!

 

Phil78- DO you think if you were on probation and had to do random urine tests and you failed two tests that your P.O. is going to accept the reasoning "My husband is a registered MMJ Pt., I don't smoke, it must be his second hand smoke".....(not saying that the second hand smoke thing isn't possible) Probably not and you know what, even if that were the case and you could really prove it.....you are going to spend a lot of time, money and energy in court trying to prove it. Same possibility with C.P.S! Every persons opinion on a "reasonable effort to protect a child" is going to be different. No amount of explaining is going to convince me that if a person has not been around second hand smoke for a few months that mmj can show up in a toxicology screening....DOn't think it would convince a judge or jury either.

 

I originally posted in this message to let the poster know that the doctor does not need consent to perform toxicology screenings on a patient that is on medicaid or public assistance and what the best way to ensure that CPS does not become involved. I did not intend for it to turn into what it so clearly has. The best avoidance in this situation is to make sure she dosen't come back with another positive toxicology...period!! I appreciate everyones opinion, but that opinion is not going to change the facts!

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you seem to be taking this as an attack on you. it is not. i'm just stating what i have seen happen. even if you work for CPS, and you're the best CPS worker there has ever been or will be, YOUR ethics and integrity does not blanket all of CPS.

 

they ARE making an effort to keep the mother away from the smoke, what is CPS going to do?

 

i question some of the facts given by the OP (mainly that the mother has not used, and even if she hasn't, that drug tests keep showing positive after a substantial amount of time of being away from the second hand smoke), but my comments are on face value of what he has given us.

 

i understand what you are saying. i understand what CPS should be. i also understand i've seen a 2 year old child go home with the parents that "left him in with some relatives and something must have gotten poured on his side," as the child lies there with 2nd degree burns from his shoulder down to his thigh with skin sloughing off.

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I am sorry if I came off like I took this as a personal attack, I did not. I have a tendency to get on a "soapbox" when issues are so close to heart. I totally agree with you as far as some children are sent home to only go through further trauma and sometimes injury. The system and C.P.S. are far from perfect...I will be the first one to admit that. I do however know for a fact that their are good C.P.S workers/social workers out there and they are not all "lazy f-wads" as you claimed...that was the only part I took personally. They aren't all out to break families apart or hurt the innocent children. I will end my side of this by saying, I am an easy going, big hearted, compassionate individual and children that do not have a voice are a matter I take close to heart. I may get a bit too passionate about it sometimes and perhaps I have done that here. I was only trying to help the original poster by letting them know that no rights were violated (assuming they receive medicaid or public assistance) and that they should tread very carefully in the future regarding toxicology testing coming back positive.

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