An Ohio mother recently found her newborn baby girl removed from her care, simply because she had been drinking marijuana tea to alleviate aches, pains and nausea associated with her pregnancy. She and the new baby tested positive for marijuana, and this motivated the magistrate to make the decision to remove her baby from her and put it into care.  The baby is now re-united with her parents.

The drama involving mom Hollie Sanford unfolded after she gave birth to a healthy baby girl.  Hollie had made the decision to drink a calming tea made from marijuana leaves to help her cope with her morning sickness and sciatic nerve pain. Hollie and her husband Daniel wanted to avoid the pharmaceutical drugs that doctors felt were best in the circumstances. They did their own research and found that THC, the active ingredient in marijuana, does not reach a fetus when it’s in utero. She made the decision to drink medical marijuana tea and found great relief for her symptoms.

The baby was healthy and alert at birth and there was no evidence to support the idea that the child was “stoned” or suffered from withdrawal symptoms whatsoever. Despite this, Magistrate Eleanore Hilow would not listen to evidence involving the tea and determined that removal of the baby from its parents was necessary, citing “immediate or threatened physical or emotional harm.”

An attorney for Sanford and Cuyahoga County Children and Family Services argued last month that it would cause more harm to take the 6-week-old from her parents during a critical period when they needed to bond. The county also argued that there was no imminent threat to the baby’s well-being. Thereafter, Cuyahoga County Juvenile Court Judge Thomas F. O’Malley overturned the magistrate’s decision.

What are the Penalties for Possessing Marijuana in Ohio?

Possession of marijuana is still illegal in Ohio. Despite polls showing that Ohio residents are strongly in favor of legalizing medicinal marijuana, the bill was not approved by the legislature. Even if medicinal marijuana was made legal according to Ohio state law, it would still be illegal under federal law.

Ohio’s marijuana possession penalties are some of the most lenient in the country when it comes to personal use amounts. As long as you possess 100 grams or less, Ohio marijuana possession does not even go on your criminal record. However, this leniency does not carry through to cases of marijuana distribution or for possession of amounts over 100 grams. Penalties in Ohio can include incarceration, fines, and marijuana addiction treatment.

Sources:

Criminal-law.freeadvice.com

Alternet.org

Fox8.com