The Arizona Supreme Court sets an important precedent in the pregnancy and cannabis case
Arizona’s highest court has issued a decision that could remove some of the legal dangers that still exist for parents in states that have legalized marijuana.
In 2019, Lindsay Ridgell, a pregnant Phoenix woman, used medicinal cannabis to treat her hyperemesis gravidarum (HG), a life-threatening condition that causes extreme nausea and vomiting and can lead to miscarriage.
After health care workers discovered cannabis markers in a blood test after the birth of their son Silas, Ridgell was reported to the Arizona Department of Child Safety (DCS) and placed on the Arizona Child Abuse Registry. In the four years since, Ridgell has fought in court against DCS’ determination that her medical cannabis use constituted neglect of her unborn child.
Leafly’s 2022 report on the case, The parent trap: How old Drug Laws Punisher in Legal Cannabis States, examined the impact on all parents and pregnant women.
Related
The Parent Trap: How Old Drug Laws Punish Families in Legal Cannabis States
On January 5, 2023, the Arizona Supreme Court dismissed DCS’ most recent request to appeal the Arizona Court of Appeals’ decision last year, which unanimously ruled that Ridgell’s cannabis use did not constitute child abuse or neglect. The decision ends the case in Lindsay Ridgell’s favour.
In addition to removing Ridgell’s name from the register, the decision sets a precedent regarding the legal ramifications that pregnant and postpartum mothers could face as a result of medicinal cannabis use. The ruling has no legal weight outside of the state of Arizona, but its influence has been felt in policy decisions and legal arguments in all constitutional states.
Medicinal cannabis must be treated like any other medicine
The Arizona Court of Appeals’ May 2022 ruling in Ridgell v. DCS, which now stands as a result of the Arizona Superior Court’s Jan. 5 decision, found that Ridgell’s maternal cannabis use did not constitute child neglect because Ridgell was an appropriate medical practitioner Cannabis patient was taking cannabis under medical supervision. Ridgell received her medical cannabis card in 2010, the same year Arizona legalized medicinal cannabis.
According to Presiding Judge Randall Howe, who delivered the unanimous decision of the three-judge panel of the Court of Appeals, the Arizona Medical Marijuana Act (AMMA) clearly protects individuals with a state-issued ID card from penalties related to AMMA-compliant medical cannabis use. It remains undisputed that Ridgell held a legitimate medical cannabis card and used cannabis under medical supervision.
Shop highly rated pharmacies in your area
Shows you pharmacies near USA
Show all pharmacies
Just as DCS cannot penalize mothers who use prescribed drugs during their pregnancy, the Arizona Court of Appeals ruled that DCS cannot penalize pregnant women with a medical cannabis physician card who use medicinal cannabis to treat a qualifying condition or symptom to treat like Ridgell.
In the weeks following that May 2022 decision, DCS appealed. On January 5, in response to her appeal, the Arizona Supreme Court denied any further challenge to the verdict.
Parents are still losing their children due to outdated laws
As Leafly reported last year, 23 states and the District of Columbia specifically classify prenatal exposure to controlled substances as child abuse or neglect, even though those states have legal recreational and/or medicinal cannabis programs in place. In some states, the use of medicinal cannabis, even without evidence of harm or risk to the child, warrants custody suspension.
Additionally, lawmakers in some states are fighting to pass criminal laws targeting female medical cannabis users, such as Alabama’s controversial SB 324, which would require women of childbearing potential to present a negative pregnancy test before receiving a medical marijuana ID card.
This antiquated approach to parental medical cannabis use criminalizes pregnant women and tears families apart in the United States, which is why, as Ridgell’s Attorney Julie Gunnigle told the Arizona Republic, the Ridgell v. DCS ruling is of national importance.
The Ridgell ruling will make it harder for DCS to charge pregnant women with abuse and neglect in the use of legally purchased medical marijuana. This impacts all parents who use medicinal cannabis by setting a “higher standard” for child protection agencies to claim parental neglect beyond proof of cannabis use.
This decision could also lead to a broader reassessment of child protection policies when it comes to parental cannabis use. In 2022, both California and New York passed new child protection laws that shield parents from child abuse charges related to cannabis use when there are no reports of harm or risk to the child.
Closure for Lindsay Ridgell
Ridgell, a former DCS social worker, was fired from her job because of her inclusion on the child abuse registry. Due to the limited employment opportunities for people on the state registry, she had difficulty finding permanent employment.
Ridgell started a new job as a social worker six months ago, and with the verdict of this case in her favor, she’s hoping she can keep it. Silas is now a healthy and happy 3 year old.
Post a comment: