Wednesday, March 21, 2012

Arizona Medical Marijuana Discrimination by CPS, Worse than Thought

On January 6th 2012, I told you how Arizona's Child Protective Services was discriminating against me as a medical marijuana patient, but it's worst than I thought.

I hoped the voter passed Arizona Medical Marijuana Act, Arizona Child Protective Services, and DCYF's own guidelines on medical marijuana would be enough.

It wasn't, I was told by the Arizona Legislative Office of Family Advocacy that medical marijuana patients would not be given custody of children, when I ask if they could check on the status of the medical marijuana law.

This was their reply, “I can only tell you what the decision is by DES and the Governor regarding medical marijuana--CPS cannot and will not violate the federal CPS law”. “So, it doesn't matter what other state departments or cities or counties are doing but CPS will follow the federal CPS law regarding placing children with people who use marijuana no matter the reasons”.

It made no sense to me, that CPS, and DCYF would go to all the time and expense to write a manual, then, tell CPS case managers to disregard the section.

So I sent a copy of the DCYF manual, there's a whole section on medical marijuana, to the Office of Family Advocacy. See Link,_Family_and_C.htm (Chapter 2: Section 1 Interviews With The Child, Family And Collateral Contacts)

This was their reply, “Mr. Fleming: It doesn't matter what this says--BUT, every state in the US must follow what the federal law says around CPS AND because marijuana is illegal every state CPS must follow the federal law”. “So, because you use marijuana--even if under a medical prescription--the children cannot be placed with you or AZ CPS is in violation of the federal law”.

I was also told that every judge, in every county were informed of this by DES/DCYF/CPS several months ago. So it appears discrimination against medical marijuana patients is alive an well in Arizona, and people with kids should keep their mouth shut about being a legal medical marijuana patients in Arizona.

While Arizona refuses to give custody of children to medical marijuana patients, it has apparently changed it's policy on the use of Meth by parents.

I was told by a CPS supervisor, and the Arizona Child Abuse Hotline, that using/selling meth, or being involved in prostitution is a “lifestyle choice”, and is NOT a CPS problem, as long as the parents don't do it around the kids, it will not effect custody.

This CPS case is under review at a state level, and I'm hesitant to say to much about all the problems in the case, but be sure, it will be interesting.

One thing I will say, if I was the head of a state agency, and I was aware of a recording where CPS and employees from other agencies were at a minimum being incompetent, and possibly attempting to manipulate the outcome of a placement, I would want to hear the recording, not ignore it.

Please, before recording any conversions, check your state law to see if you live in a one party, or two party, consent state.


  1. Jay, sorry to hear of this. It sounds to me like govt. employees are playing politics.

    With regard to recording others, I am about to be of the opinion that all citizens should always say, “I’m recording you,” right before conversing with a public employee. Then they will be less inclined to lie. No doubt they’ll probably say there is a policy against that, which might be a lie.

    If they say they are not allowed to be recorded, perhaps saying, “where does the buck stop?”

    I would also put forth that perhaps the reason no one wants to be recorded as they explain policy/law is that they are (at least) so numerous and so complex that they don’t fully know them.

    Since having your back broken was not a lifestyle choice they’re allowed to kick you while you’re down. Aren’t there already many local, state, and Federal laws that mandate that?

  2. Untrue regarding CPS with Meth I have dealt with CPS on numerous occasions and they do not care if you smoke pot but they care if you do meth which I agree with because a plant should not be illegal, Though in AZ it is a prison state so every CPS case is opened under the woman's name and the last CPS worker I spoke with told me and I quote "if any one on the state level try's to go to the higher up's Re: helping men in AZ they are demoted and transferred immediatally" nothing is bieng done to help the men but we are quick to pay the women child support and put the men in Prison Think about that!!!!!

  3. Sorry, can show notarized letters, and other evidence, its easier to just call the Arizona Child Abuse Hotline and ask, they'll tell you the same thing.


  4. Well Jay when you think about it. Both the Govenor Jan Brewer and states attorny genaral Terry Goddard are against the voted in Medical Marijuana law. The fact tha Az. still holds possesion in any amount by non card holders a Felony. l can understand the delema you are going through. Az. CPS is the last group of people who should have any say in placing children being they have a horrible track record in protecting children in the first place. Very sad knowing parents on legal Oxi and other highly adictive drugs can have custody of children because pharmicucals are excepted yet a plant from dirt is the devil. I suggest you dig up dirt on CPS improper care of diplaced children to homes of people who not on meds and yet have lost those children to death and or neglect. lt wont take you long. lm sure finding wrong doings of Az CPS in placing chilren can be a tool in proving you have the right to have custody of your own children.

  5. Get in touch with Joe Grumbine on FaceBook. "The human solution is fighting this.


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