Can medical marijuana card holders smoke in front of their kids?

Can medical marijuana card holders smoke in front of their kids? »Play Video

OREGON -- Andrew asked KVAL News not to show his face on camera and only use his first name.
Andrew is a medical marijuana card holder. He said he smokes to numb pain from injuries he suffered in a car crash four years ago.

"There are some days where I'll smoke two or three times a day, maybe more," Andrew said. "But there are other days where I don't even need it at all."

Andrew is also a father. His daughter turns 2 years old this month.

"She's my world," said Andrew. "She stays with me two nights, sometimes three nights a week."

Andrew told KVAL News he smokes while his daughter is at his house. He goes in another room or outside.

One Oregon Police chief said Andrew is putting his daughter in danger, but there's nothing he can do about it. Oakridge Police Chief Louis Gomez said smoking marijuana in front of a child is considered endangering the welfare of a child.

"When you have a medical marijuana card, it is not an illegal act," Gomez said. "We haven't been able to find any reference to children in regards if you can smoke or not smoke in front of them."

KVAL News asked Gomez what he can do for kids right now.

"Not a whole lot if there is a medical marijuana card issued to that particular residence," Gomez said.

State Senator Floyd Prozanski helped pass the medical marijuana act. He didn't want to talk on-camera for this story because he said this issue has never before come up in the legislature.

Gomez said it needs to be. He wants the act to be more clear about who card holders can smoke around.

Andrew disagrees. He said he isn't doing anything wrong. He's just doing what the doctor ordered.

"It's what my doctor gives me to medicate my pain," Andrew said.

There were 32,929 medical marijuana card holders Oregon as of April 2010; 90 percent of them use marijuana for pain relief. The other 10 percent use it for a variety of reasons like nausea and muscle spasms.