LOS ANGELES -- An appeals court released a Southern California father who is a medical marijuana user from court-mandated parental supervision, making a milestone distinction between pot "use" and "abuse."

The California Court of Appeals overturned a lower court's decision to place "Paul M.," the father of toddler "Drake M." under the supervision of the Los Angeles County Department of Children and Family Services, a mandate that had meant required drug counseling, parenting classes and random drug testing for the father. The appeals court ruled that medical marijuana use alone does not constitute child abuse or put children at risk.

The decision is a "victory for parents who use medical marijuana," Lauren K. Johnson, attorney for the man identified in the court case as "Paul M." Johnson, based in Irvine, Calif., told The Huffington Post. According to Johnson, this is the first case to distinguish between substance abuse and substance use in juvenile dependency law. The ruling, she said, means that "medical marijuana use alone does not place a child in substantial risk of harm."

Paul M. was first placed under county DCSF supervision after an October 2011 hearing in which he testified that he possessed a prescription for medical marijuana and used the drug multiple times a week for knee pain and arthritis. Paul M. also stated that he didn't use marijuana in front of his son, instead retreating to a detached garage where the drug is kept locked on a shelf in a tool box. When Paul M. was in the garage, either the baby's mother, adult half-sister or grandmother would watch the child.

At issue for DCFS was the fact that Paul M. picked up his son by car from daycare four hours after using marijuana. The lower court agreed with the agency and placed Paul M. under DCFS supervision.

The hearing stemmed from an initial home visit in May 2011, in which DCFS followed up on an anonymous tip from someone who was concerned that Paul M. and Lisa H., Drake M.'s mother, both used marijuana.

Paul M. admitted to a social worker that he had a prescription for medical marijuana and used the drug multiple times a week to deal with chronic pain. The social worker found that Drake M. was healthy and that Paul M., a concrete mason, was able to support his family. DCFS also noted that Drake M. was "clean without marks or bruises" and "appeared to be reaching developmental milestones."

http://www.huffingtonpost.com/2012/12/10/paul..._hp_ref=tw