Despite its legality, New York City child welfare organizations still use weed to separate families

Despite the legalization of marijuana in New York, child protection agencies continue to report family court bias as parents are separated from their children over marijuana use. These parents are often from minorities, a trend that has continued since the drug wars began.

When marijuana was legalized earlier this year, many lawmakers argued that racial justice was one of the key benefits behind the decision. The available data do not seem to support these statements.

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Gothamist interviewed parents affected by those decisions and looked at court documents showing that despite marijuana’s legality, the drug continues to play a role in family breakups.

“Half of the parents surveyed extensively were parents who said it was impossible to break free from ingrained prejudices in the child protection system regarding marijuana use, particularly towards people of color,” says Gothamist. “These interviews, along with family court records, suggest that marijuana continues to be used both to separate children from their parents and to keep families apart in long-running family court cases.”

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The state Child Protection Agency (ACS) claims that marijuana is never the only reason a child is separated from their parents, but that claim is difficult to verify because family court cases have more layers of protection. According to the agency, drug and alcohol claims are often lumped together, making it difficult to distinguish between these issues.

A spokesman for the agency said the purpose of their investigation was “to assess the impact of abuse on child safety.” This data is then reviewed by a family judge, who makes the decision to place the child in foster care, if appropriate.

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Many attorneys and family members interviewed claimed the ACS’s stance on marijuana hadn’t changed in years, even when it came to medical marijuana, which was approved in New York in 2014. The strain is linked to mental instability.

Legalization of marijuana in the US is often a bureaucratic Process that takes years and years to settle down and find its groove. However, when it comes to racial justice, an issue identified as a priority in New York, it is vital for the government to do its part and fulfill its promises.