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If it is illegal to be in the possession of marijuana in your jurisdiction then yes they can. In fact, if the children always smell like marijuana when they return home they must be present during its use and the visitation order should be modified. Your ex wife should take the matter back to court to stop the visitations if that is the case.

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Q: My ex wife filed a police report saying my children always smell like marijuana when they go home. The police came and searched and everything was locked up but can they press charges?
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