“[I use it] pretty much every day,” Jesse Thompson, 30, told ABC News’ “20/20.”
The two are also parents to 5-year-old Jerry and 13-year-old Sohani, Vicca Thompson’s son from a previous marriage. But they insist they are still capable of being responsible parents even when they’re high.
“It just means I have an elevated mood. It doesn’t mean I’m incapacitated or that I can’t think straight,” Vicca Thompson told “20/20.” “I’m on pot right now, and I’m able to parent.”
But there is an apparent gap between the enforcement of child protection laws and marijuana statutes. In many cases, child protection services are taking children away from legal, legitimate users of medical marijuana. Not all types of medical marijuana gets you high, but a lot of it is psycho-active, which can get you high.
“We have irrefutable evidence that it’s damaging for kids,” Dr. Leslie Walker told “20/20.” “Kids who think their parents approve of it are six times more likely to begin using marijuana and begin using much earlier than the average high school age.”
In November 2014, authorities came for the Thompsons’ son Jerry.
The Thompsons said they had an employee that they let go. "About a month later, she … called CPS,” Jesse Thompson said, referring Child Protective Services. “She told them that we not only are feeding our children marijuana all the time, but that they have access to it in our home and in our business.”
Within days of that call, CPS questioned Jerry’s half-brother Sohani, who told authorities that his mom fed him a goo ball. A goo ball, Vicca Thompson explained, is a “peanut butter raisin ball,” medicated with psycho-active marijuana.
“He gets aggressive and is too mean, sometimes ... and just needs to ... look inside and relax,” Vicca Thompson said.
After that, the city quickly shut down the Grow Shop. When CPS requested a meeting with the Thompsons, Jesse asked to wait until their attorney was able to attend. CPS didn’t reschedule the meeting, Jesse Thompson said, and instead, decided to take Jerry away and made him live with an aunt. The Thompsons could only see their son by visiting him at the local CPS office.
“It’s destroying me. I can’t not be with my son. He is all that matters,” Jesse Thompson said of having Jerry taken away.
Vicca Thompson’s son Sohani went to live with his father full-time.
“I felt like my heart might stop,” said Vicca Thompson.
The Thompsons went to court to fight to get Jerry back home. CPS had Jerry take a hair follicle drug test. When the results came back, Jerry tested positive for THC, the psycho-active ingredient in marijuana.
Vicca and Jesse Thompson were accused of posing a risk to Jerry's well-being by feeding marijuana to him. They denied doing so, but Vicca Thompson said she did rub a marijuana salve on his skin to treat a rash, which would not put him at risk of getting high.
After weeks of stilted, supervised meetings with Jerry and numerous hearings, the court commissioner allowed Jerry to come home with the Thompsons on Jan. 7. He stated he saw no other evidence of harm even though there was evidence of THC in Jerry's body.
“The law says there has to be serious physical harm. A child who ingests an edible is not going to suffer serious physical harm,” attorney Jennifer Ani, who has represented a mother who had her child taken away for her legal marijuana use, told “20/20.” “They may go to sleep. They may be out of it. Children can't be removed because of bad judgment. If they could, lots of people wouldn't have kids because we all make mistakes.”
The court commissioner set strict conditions for Jerry’s return home that included making sure he was not exposed to marijuana smoke or edibles in any form. If Jerry were to test positive, the court commissioner said he would not be allowed to live with the Thompsons.
“We’re going to hide the marijuana,” Vicca Thompson said after Jerry returned home. “I definitely feel like I shouldn’t give it to children.”
But Vicca Thompson said if it was legal to give marijuana to children, she would do so.
“If I lived somewhere else and a doctor was looking over me, telling me that it was okay, then I would think, ‘Yeah, it's totally safe,’ especially to put salve on a cut or a rash,” said Vicca Thompson.