Using Marijuana While Pregnant Example Case in California

In In re David M. (2005) 134 Cal.App.4th 822, mother used marijuana while pregnant with one child and did not receive prenatal care. However, both of her children tested negative for marijuana at birth and there was no showing the mother's delusional mental disorder or father's mental problems placed the children at substantial risk of serious physical harm. Moreover, mother tested negative for drugs approximately 18 times during the four-month period between the detention and jurisdiction hearings, and all of the evidence of her prior substance abuse was derived from four-year-old reports. (David M., supra, 134 Cal.App.4th at pp. 830-831.) The court observed: "Certainly, it is possible to identify many possible harms that could come to pass. But without more evidence than was presented in this case, such harms are merely speculative. The evidence was uncontradicted that David was healthy, well cared for, and loved and that mother and father were raising him in a clean, tidy home." (Id. at p. 830.)