At the end of last month, on July 23, 2019, the New York City Council passed two cannabis reform resolutions focused on issues facing parents. These were two resolutions out of ten that were first introduced on February 13, 2019.
The first resolution (Res. No. 740) calls on the New York City Administration for Children’s Services to implement a policy that states that a parent’s mere possession or use of marijuana does not itself create an imminent risk of harm to a child that would serve as the basis for a child’s removal from the parent’s custody.
The resolution cites reports of racial inequity in the enforcement of marijuana laws and identifies NYPD guidance from 2011 that recommends an individual in possession of small amounts of marijuana be issued a court summons instead of being arrested. The Council acknowledged that New York State has legalized medical marijuana and decriminalized the possession of small amounts of marijuana. Given the trend to accept cannabis usage in New York and beyond, the Council passed this resolution, in part, to ensure that the child welfare system is consistent with this emerging acceptance.
The second resolution (Res. No. 746) calls on the New York State Legislature to pass, and the Governor to sign, a law requiring the New York State Department of Health to create clear and fair regulations for hospitals on drug testing pregnant or birthing parents. The resolution states that these regulations should include the requirement for hospitals to inform patients of their rights before discussing drug use or testing with the patient.
The Council stated that the current policy for hospitals allows them to drug test patients who are giving birth and report positive tests to the Statewide Central Register of Child Abuse and Maltreatment (“SCR”), such report would be required if the patient tested positive for marijuana alone. This mandated report triggers a child welfare investigation by the NYC Administration for Children’s Services. Currently, the hospital has discretion over the individuals it chooses to test and it is unclear whether the hospitals are notifying patients that there are potential child welfare ramifications for drug tests and the disclosure of drug history to their health care provider. Similar to the first resolution, the Council is calling on the State to ensure a fair policy for drug testing patients that aligns with the legalization and decriminalization of cannabis.