With the passage of Amendment 3 in Missouri, recreational marijuana use is now legal in Columbia for adults aged 21 or older. This new statute is meant to benefit adults who choose to partake in marijuana consumption. However, there are still certain aspects related to the use of cannabis products that should be understood, as they can still lead to criminal charges. One of these issues is the potential for child endangerment charges when THC-infused products, such as gummies, are kept in a home where children are present. Individuals may be charged with child endangerment if they are found to have placed a child in a situation that threatens their safety or well-being.
The dangers of THC gummies can be seen in recent news reports of cases across the country. These stories describe incidents where a young child has unknowingly ingested marijuana-infused edibles, leading to legal trouble for their guardians or other adults in the home. These are examples of a child endangerment crime, where placing a child in a dangerous situation resulted in criminal charges. One recent example of this occurred in Alabama when a man left a package of THC-laced gummies in a child’s playroom. The individual was charged with chemical endangerment of a child after his girlfriend’s young child consumed some of the gummies, putting the child’s life at risk. In another case, a mother in Michigan was charged with second-degree child abuse – punishable by 10 years in prison – when her 6-year-old child mistakenly took a package of THC-laced gummies to school and shared them with fellow classmates. In both cases, the circumstances surrounding the incidents, such as the accessibility of the edibles and the lack of supervision, played a significant role in the charges and legal outcomes.
Introduction to Child Endangerment Laws
Child endangerment laws are designed to safeguard the well-being of children by making it a criminal offense to place a child in harm’s way, whether through direct actions or by failing to act when necessary. These laws exist to prevent situations where a child could suffer physical harm, emotional trauma, or even death due to the negligence or recklessness of a person responsible for their care. While the specifics of child endangerment laws can vary from state to state, the core principle remains the same: protecting children from unreasonably dangerous situations.
Understanding what constitutes child endangerment is essential, especially for parents, guardians, or anyone who may be responsible for a minor child. In a child endangerment case, the prosecution must demonstrate that the accused willfully exposed a child to a dangerous situation, which could include acts of child abuse, neglect, or any circumstance that threatens the child’s safety or well-being. A child endangerment conviction can have life-altering consequences, including a criminal record, loss of parental rights, and significant jail time.
If you are suspected of child abuse or face child endangerment charges, it is critical to consult with an experienced criminal defense attorney as soon as possible. A skilled attorney can help you understand your legal options, gather evidence, and develop a strong defense strategy to protect your rights and your child’s life. Whether you are dealing with allegations of physical harm, neglect, or another form of endangerment, having knowledgeable legal counsel is the best way to navigate the complexities of state law and work toward a favorable outcome.
Dangers of THC Gummies for Children
THC gummies are attractive to children, as they can look like regular candy or other snacks. The amount of THC in these edibles varies by product and the effects of the THC may differ from child to child. This can range from mild symptoms like confusion and sleepiness to more serious reactions such as vomiting, a rapid heart rate, seizures, and hallucinations. In extreme cases, ingesting THC-laced edibles can be fatal. Failing to seek medical care or provide medical treatment after a child ingests THC gummies can result in allegations of child neglect, as caregivers are legally required to address a child’s health needs.
According to the American Association of Poison Control Centers, there’s been a dramatic increase in the number of calls related to the accidental ingestion of THC-laced edibles in the last few years. Data from AAPCC shows that exposure to marijuana edibles in kids 12 and under jumped from 187 instances in 2016 to an incredible 3,100+ in 2020. The majority of these calls involved children aged 5 and under. These incidents are common examples of situations that can lead to legal consequences, including a child endangerment charge or child neglect investigation. This is especially concerning as children under 5 are especially susceptible to poisoning from THC-laced edibles.
Needless to say, it is extremely important to keep any THC-infused products securely out of reach from children. Even if there is no actual harm, the risk alone can be enough for authorities to take legal action.
Potential for Child Endangerment Laws and Charges
In Columbia, MO, child endangerment charges are extremely serious. These charges can be leveled at an individual when they recklessly place a child in danger of physical or mental injury. Child endangerment can be classified as either a misdemeanor or a felony depending on the circumstances surrounding the case, such as the level of risk or harm to the child. If a child consumes THC-laced gummies, the adult responsible for the child may face criminal charges. The consequences can be quite severe, including jail time and hefty fines.
These cases are also reviewed by Missouri’s Department of Social Services (DSS), which may take action to prevent the adult from having contact with children in the future, including making a determination as to if a parent or guardian should lose custody of their children.
Child endangerment or abuse in Missouri may be charged as either a misdemeanor or a felony offense, depending on the circumstances. A misdemeanor child endangerment conviction can result in up to one year in county jail and fines, while felony child endangerment is a more serious criminal offense that can lead to a longer sentence in state prison. In Missouri, child endangerment is typically a Class D felony, punishable by up to seven years in prison and a fine of up to $10,000. The charges rise to a Class B felony in cases of serious injury (physical or mental), or if the child is exposed to great bodily harm, which carries a 5-15 year state prison sentence. If a fatality results, then the charges become a Class A felony with a sentence of 10-30 years in prison.
Getting Legal Help for Child Endangerment Charges
If you’re facing a child endangerment charge in Columbia, MO due to a child’s exposure to THC gummies, it is extremely important to seek out legal assistance right away. An experienced attorney is essential, as they can develop effective legal defenses and challenge the prosecution’s case to protect your rights. Because of the serious nature of this crime, it is critical to have an experienced legal team in your corner. If there is insufficient evidence, it may be possible to have the charges dropped, a child endangerment charge dropped, or a child endangerment charge dismissed. Defense strategies may include using witness testimony to poke holes in the prosecution’s case or to counter a false accusation. Your attorney can also negotiate a plea bargain, which may include alternative sentencing options such as parenting classes, instead of more severe penalties. Being convicted or convicted of child endangerment is a crime with long-term repercussions, including possible jail time, fines, and loss of parental rights.
Contact Us to Learn More About How the Passage of Amendment 3 Can Lead to Child Endangerment Charges
The Law Offices of Chris Miller are experienced in Columbia criminal defense law and are dedicated to helping our clients with child endangerment cases. Our legal team has years of experience defending clients against these types of charges. We have a deep understanding of Missouri law as it relates to child endangerment and THC-related crimes. Contact us today for a free consultation.