As parents, we make decisions for the health and safety of our children. As foster parents, we are responsible for making those decisions, but we are subject to more oversight from the state. For the most part, what the state considers reasonable and prudent parenting aligns with common sense. For example, it’s reasonable to let a child spend time with his or her friends, and prudent to provide age-appropriate supervision.
When it comes to medical cannabis, the state of Arizona inevitably clashes with some foster parents and potential foster parents.
Can Medical Marijuana Users Become Foster Parents in Arizona?
DCS policy clearly bans people who consume medical cannabis from becoming foster parents.
Medical marijuana patients in Arizona argue that they can provide safe homes. The state does not disqualify homes containing alcohol or prescription drugs, after all.
Yet the state has to protect children and teens in foster care from homes where illegal drug use occurs. Even though marijuana has semi-legal status in the state, federal law clearly prohibits it. In addition to potential encounters with police, the legal gray area creates serious safety concerns as criminals may target legal users. Therefore, the state errs on the side of caution.
DCS Reverses Decision on Hemp Oil
While medical marijuana remains prohibited for foster parents, Rebecca Masterson of Phoenix recently challenged DCS on its refusal to give her a foster care license. She gave her 12-year-old son a non-psychoactive form of hemp oil. She successfully argued that the product, available at retail stores, posed no danger to her adopted son or to the 16-year-old for whom she was applying for a license.
While not every parent will choose to stock hemp oil in the medicine cabinet, DCS announced that it will view industrial hemp products differently from THC and CBD products prohibited by federal law. Prospective foster parents who possess or use hemp-based products that are legal in all 50 states are encouraged to apply, but foster parents who use medical marijuana based on state law will still be rejected at this time.