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This is not an easy question to answer. Many variables.

In some states, it is legal to possess medical marijuana, however it is a violation of federal law.

That being said, if the federal government is the arresting authority and they are able to succeed with prosecution, it is entirely possible that by state statutes your children could be taken away and you could lose your parental rights. Be aware that this is not always automatic. CPS taking them away could be a temporary situation for "safety of the child."

In the state of Michigan, however, where it is legal to grow and possess medical marijuana, if the federal government were to arrest you and convict you, and your sentence was over two years, it is nearly automatic that the courts would move ahead with termination proceedings.

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Q: Can social services take your child away for growing weed in the UK?
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