Kansas holds children of Colorado veteran who uses medical marijuana.

a reply to: Annee

Based on Kansas law I would say the judge is within his authority. Just because its lawful in Colorado also means its unlawful in Kansas.

It sounds like something the state governments will need to work out. A dispute between 2 states is federal jurisdiction. This is one of those train wrecks you see coming and just can't look away....

a reply to: Xcathdra

Based on Kansas law I would say the judge is within his authority. Just because its lawful in Colorado also means its unlawful in Kansas.

It sounds like something the state governments will need to work out. A dispute between 2 states is federal jurisdiction. This is one of those train wrecks you see coming and just can't look away....

Sort of like our POTUS elections.......

Kansas is a hot mess.

originally posted by: Xcathdra
a reply to: Annee

Based on Kansas law I would say the judge is within his authority. Just because its lawful in Colorado also means its unlawful in Kansas.

It sounds like something the state governments will need to work out. A dispute between 2 states is federal jurisdiction. This is one of those train wrecks you see coming and just can't look away....

The parents can't even claim Ignorance of the Law - - which isn't really a defense. They knew the law.

As I tell my granddaughter every time she walks out the door: "Don't So Stupid".

The other thing im curious about is how long he / they lived in Kansas. He moved there for work (not transferred) which means he would have to change his residency to kansas (obtain a kansas driver's license etc). Failing to do so can result in a law violation. I am curious if that is playing a factor with the judge.

Where they used to live / move back to (Colorado) might not be a consideration. If all of this occurred in Kansas then the marijuana issue would also be irrelevant.

The other possibility involves politics. States that border Colorado have complained a lot about marijuana coming from Colorado. They feel its affecting the drug issues in there state, creating more issues. Whether or not we agree with that argument is irrelevant as its politics.

Another possibility might be the cases this judge has dealt with in the past. There could have been cases that are striking a nerve with the judge in this case. While judges are supposed to be neutral in each case they preside over we are all human and none of us are perfect.

As an example of how complex some of these types of cases are:

I was working a case where dad claimed mom took their kid and would not give the child back (divorce process). He was saying, according the court paperwork, that he had full physical custody. The court order came from a Missouri court and the paperwork by the court was valid.

I was coordinating with a police agency in Oklahoma for them to make contact with mom and check the well being of the child. A court case was already in process in Oklahoma. What I found out was in Oklahoma was if a parent is given custody and the other parent "takes" the child its not considered a criminal action. So long as one parent has the child and that child is not in danger Oklahoma is ok with the situation (its a civil issue only).

Dad moved to Missouri then filed with a Missouri court using our interference of custody / parental kidnapping laws.

I had to notify the PA about the situation because we had 2 conflicting, and valid, court orders from the 2 states.

As the saying goes there are 2 things you never let the public see made -

Sausage and laws.