Idaho Seizes Kids from Medical Marijuana ActivistsPhillip Smith But that doesnt mean there arent reformers in the Gem State. There have been sporadic local marijuana legalization efforts in past years, and this year, medical marijuana supporters are in the midst of signature-gathering campaign to put an initiative on the ballot. That campaign is led by Compassionate Idaho, some of whose most stalwart and publicly visible members are Lindsey and Josh Rinehart and Sarah Caldwell. But with an incident that began while Caldwell and the Rineharts were away on a retreat, the trio are learning a harsh lesson in hardball pot politics. When they got back home, their kids were gone, and the police and child social services had them. According to Boise Police, who released a statement on the matter as controversy grew, on April 23, they were contacted by a local school official about a child who had apparently eaten marijuana and fallen ill. Police learned from witnesses that the supposed marijuana supposedly came from the Rinehart residence, and, concerned for the safety of children at the residence, they went there and found a baby sitter caring for the Rinehart and Caldwell children. (Rinehart, a Multiple Sclerosis sufferer, said she indeed had medical marijuana at home, but that she had a small amount and a pipe in a drawer in her bedroom, a larger amount of trim locked away in a freezer, and some marijuana tincture in a bottle on top of her refrigerator.) Based on the fact that illegal drugs and drug paraphernalia were located in an area that appeared to be commonly used by the children in the residence and the fact that one child had already become ill from ingesting what he assumed was marijuana, and the inability to contact the childrens parents, detectives made the decision to contact Idaho Health and Welfare officials and place the children in imminent danger, meaning they were placed in the protective custody of the state until it can be determined they are in a safe environment, the statement said. At this point, it is unclear whether whatever made the school child sick was marijuana. It is equally unclear that any marijuana came from the Rinehart residence. What is clear is that both the Rineharts and Sarah Campbell are up-front, in-your-face medical marijuana patients and activists, and that their children were being subjected to the tender mercies of the state. Sarah Caldwell has had her kids returned to her it was not her child who is suspected of providing the suspected marijuana but the Rineharts are still fighting to get their kids returned. My sons were not involved, Caldwell said. They were at the house the police searched, the police decided my kids were in imminent danger, and it took three days to get them back. While the two boys and the Rinehart kids were held at the same foster home, providing them with the small comfort of being with friends, Caldwell said her younger son was traumatized. My six-year-old is autistic, she explained. I noticed when he came home, he started packing his favorite toys. I asked him why and he said, In case the police make me go away again. He doesnt understand why, Caldwell said, her voice breaking. While Caldwell has her children at home again, both she and the Rineharts are going to have to comply with the requirements of the child welfare system to ensure that their children can return to their old lives. But, Lindsey Rinehart said, Child Protective Services is moving more quickly than usual in her case. Normally, Child Protective Services requires parents to meet with them at the department three times, then allows them to have three visits with their children in the community, then inspects the home to ensure a safe environment is being provided, and only then considers returning the kids, most likely with the added provision that the parents must undergo parenting and drug education classes. But when the Chronicle last spoke to Rinehart Saturday, she was in the middle of a home visit with her kids one that ends Sunday morning. They seem to be expediting the process because they realize they messed up, she said. The state taking her kids wasnt doing them any favors, she added. My oldest son now will only talk if you ask him really specific questions, and my younger one is acting out, she said. He is upset and argumentative; he has a hard time vocalizing things, she said of her six-year-old. I told him I had to go to the store, and he freaked out; he didnt want me to leave him. Hes reacting like Ive never seen before. He was a happy kid; now hes mad and confused. He doesnt understand whats going on. The older Rinehart son is having issues, too, she said. Hes mad. Both of the kids have been educated about my medicine, so they know this is wrong, the multiple sclerosis sufferer explained. Theyre mad that they were taken away because mommy had her medicine. Im trying to comfort them as best as I can. They just know that somebody took them away, and now I have to explain that they have to go back to foster care tomorrow, Rinehart said, her voice trembling. Both the Rineharts and Sarah Campbell suspect they were set up. Im the director of Compassionate Idaho. Everybody knows who I am. Im on the news at least once a month, said Rinehart. We had just done the Hemp Fest in Moscow and signature-gathering in five towns. The police knew what they were looking for, and they knew where to look without anyone telling them. Those kids on the playground didnt know where to look. There were kids from several other families involved in that playground incident, but we think the police got who they wanted. I do think they were targeting us, Campbell agreed. That incident at the school was just an excuse for them to try to get us. This has got me fired up, Caldwell said. They took my children to try to keep me focused on getting my kids back so I wouldnt do my activism, but Im not going to stop. The use of children as pawns in the marijuana culture wars is shocking and distressing, but nothing new, said Keith Stroup, founder and currently counsel for the National Organization for the Reform of Marijuana Laws (NORML). We get calls three or four times a week from people who have lost custody of their children because they tested positive at birth or in a situation where parents are feuding over custody, Stroup said. One will say My spouse smokes marijuana and is thus not a fit parent, and once that child welfare issue is raised, its a totally separate matter from the criminal justice system. Even if no one is proposing to arrest the parent, this is far more damaging and destructive to the family. Thats at least in part because once child welfare has its clutches on you, it doesnt want to let go, and it typically has an attitude toward marijuana use that is right out of Reefer Madness, Stroup said. They can require that you take parenting and drug education courses right out of the 1950s, he said. Its a worthless routine, but you have to do it, you have to pay hundreds of dollars to do it, and you cant get your kids back until you do it. It doesnt matter how nice or good a parent you are or how well-intentioned you are, once you get caught up in this, you are in for a bad time. NORML is doing what it can to assist the Idaho activists, Stroup said, adding some words of advice for other marijuana-using parents, especially (but not only) in places where attitudes toward the herb are hide-bound and hardened. If youre in a place like Idaho and youre a young parent, never smoke in front of your kids, so if that issue ever arises, you can make sure nobody can say you were smoking marijuana and kids were playing in the same room, he counseled. You have to be able to demonstrate convincingly that you are providing a safe and secure place for your kids. In places like Idaho, you could lose custody over your kids for something many of us in many parts of the country take for granted. Getting the kids back is only part of the problem for the Rineharts. Idaho treats even small-time pot possession seriously its one of those place where people still actually do get jail time for it and the couple is facing possible felony charges for possessing more than an ounce of trim. Im living in an ongoing panic attack, said Lindsey Rinehart. They update their warrants every five hours, so I check in frequently, and first thing in the morning. Because of my illness, I cant handle physical pressure very well, and Im afraid they could hurt me when arresting me, so my lawyer has asked that if they do charge me, they just cite me. All the stress isnt helping, and now, Rinehart cant have her medicine, either. I have prescribed meds to suppress my immune system, but those make me really sick. With cannabis, I only had to take it every other day, she explained. Now, I have to take it every day, and its so dangerous we have to regularly check my heart, liver, kidney, and eye function. And if I have pain, Ill have to go back to hydrocodone. Ill be going back on those meds I had been able to taper down from with cannabis. But despite the trials and tribulations, neither the Rineharts nor Sarah Caldwell have been cowed, and their travails have energized supporters as well. People are really mad about this and are getting involved, said Rinehart. We even have people reaching out to help fund Compassionate Idaho. People are coming out of the woodwork after hearing our kids got taken because of our activism, said Campbell. People are saying they want to help. Education is key here a lot of people here believe the Reefer Madness, but this is a non-toxic plant; it cant hurt you. The bigger picture is that we dont want this to happen to more families, said Rinehart. Were getting more calls than we ever did about child custody, Stroup reiterated. There are still people being seriously damaged from whats left of marijuana prohibition. Few go to jail for marijuana anymore, but many lose custody of their kids. These repercussions may be more subtle, but they are not insignificant. The Rineharts and Sarah Campbell still have to deal with Child Protective Services, and the Rineharts are still waiting to see if they will face criminal marijuana and child endangerment charges. But in the meantime, there are 55,000 signatures to be gathered to get medical marijuana on the ballot and start changing Idahos reactionary response to marijuana. Please visit and support StopTheDrugWar.org to help end prohibition. 