Couple have child taken away due to misdemeanor pot charge

Pot smoking moms and dads of America, pay attention: This could happen to you too. Although the Coopers' case is a bit more unusual than most and not all Child Protective Services entanglements over marijuana will result in children being taken or custody being modified, it can and does happen.

Zachary Johnston, 7, has cerebral palsy and exhibits the intelligence of a four-year-old, according to Barry. He had been sent away for a brief visit with his father, David, when the embattled activists were paid a visit by Child Protective Services on Friday, March 18, they said.

"That's when they told us," Candi sobbed. "That's when we knew."

Because of Barry's recent misdemeanor arrest over allegations of a false police report, Williamson County officers gained entry to the couple's home and discovered a couple of marijuana cigarette butts during their search, for which both husband and wife were charged in Travis County. Police also took the Coopers' electronics and digital media and managed to keep the former officer behind bars for over 48 hours.

Barry repeatedly insisted that Williamson County police reached out to "instigate" the whole affair, tipping off Mr. Johnston's lawyer to a potential opportunity for his client. I have not been able to confirm this particular statement and it is entirely possible -- even likely -- that Mr. Johnston or his attorney heard about the arrests from other sources.

I've known about this since the day it happened, but in the interest of fairness and considering my lack of access to Mr. Johnston, I waited until court documents became available before breaking this news. Finally released, their text is enough to make just about any liberal-minded parent cringe.

In the document, an affidavit in support of ex parte relief filed with a court in Upshur County, Texas, Mr. Johnston contends that because of Barry and Candi's standing as nationally-known marijuana activists and their high (no pun intended) level of comfort with the drug, they pose a danger to Zachary. He cites articles on the duo's exploits published by Cannabis Culture and Maxim, noting in particular that when Barry and Candi met, she was his "pot dealer."

He also says: "The Coopers attend cannabis festivals and take Zachary with them and other children that live in their household." Of course, they adamantly deny this.