Five-year-old, 13-year-old test positive for marijuana

As Florida is tangled up with 'Charlott's Web' medical marijuana rules, states where legalization is established deal with child abuse

FERNDALE, Wa. ā€“ Jesse Thompson, 30, said he uses marijuana every day. He is a cancer survivor and said he takes to deal with pain.

His wife, Vicca Thompson, is also a regular smoker. She uses it to deal with arthritis and a nervous condition. Her battle for custody of her two children began after her two sons -- 13-year-old, Sohani, and five-year-old, Jerry --Ā  tested positive for THC.

The mom said she gave the teen a "goo ball," which is a peanut butter raisin ball medicated with psycho-active marijuana, because "he gets aggressive and is too mean." It was meant to help him "look inside and relax," she said.

The debate over legalizing marijuana in Florida continues, as states where medical marijuana is legal and dispensaries are open -- deal with a growing number of child abuse cases involving parents exposing their children to legal pot.

Earlier this week, HLN's Nancy Grace and Tauheed Epps, a rapper better known as 2 Chainz, turned the controversial subject into a viral video.Ā 

"With the legalization of alcohol, you will find some footage like this but everybody is not doing this," the rapper said on air. "Some people actually love their child. Some people know that it's obviously wrong. So, this is nothing to really argue about. These people are obviously imbeciles. You can't use this case to define an entire community."

In the case of the Thompsons, Child Protective Services removed Sohani and Jerry from their home in November. The couple also lost their income, after city authorities shutdown their Grow Shop, a medical marijuana dispensary they ran in Ferndale, Washington.

Authorities agreed to allow Jerry back home with his parents Jan. 7. The condition was that the boy should not be exposed to marijuana and authorities will be testing him for THC to make sure that happens.

Despite the legal and financial hurdles, the Thompsons, who have medical prescriptions for marijuana use and live in a state where medical use is legal, said they don't think they did anything wrong.

"If I lived somewhere else and a doctor was looking over me, telling me that it was okay, then I would think, ā€˜Yeah, it's totally safe,' especially to put salve on a cut or a rash," the mother said.

Last year, the Legislature approved the Compassionate Medical Cannabis Act, also known as the Charlotte's Web law, which allows patients suffering from severe seizures, cancer, epilepsy and other ailments to use non-euphoric marijuana.

Setting up the rules to making it happen has been challenging. Florida Department of Health Officials are scheduled to discuss medical marijuana in Florida Feb. 4 and 5.

Earlier this month, United for Care, a group advocating for higher-THC medical marijuana in Florida, submitted a new constitutional amendment to the Florida Division of Elections to be included in the 2016 general election.

ABC News' Tom Berman, Harry Phillips and Alexa Valiente report this story via 20/20.


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