Tahlequah Daily Press

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October 24, 2012

Ingestion of marijuana by baby lands two in jail

TAHLEQUAH — A Tahlequah couple charged with felony child neglect were booked into jail Monday and bonded out soon afterward.

Prosecutors last week charged the two – James A. and Ashley N. Cosby, both 23 – after police took a report the couple’s 1-year-old baby had ingested marijuana.

The child was taken to a local hospital and later transferred to a Tulsa medical facility, where he tested positive for tetrahydrocannabinol, or THC.

Court documents indicate James A. Cosby initially told a police officer the child had been with someone else during the day when the report was filed, so prosecutors have also charged him with misdemeanor counts of obstructing an officer. He faces a charge of possession of a controlled dangerous substance for allegedly having marijuana.

At some point during the investigation, the Cosbys allegedly told Tahlequah detectives they had been smoking pot in their home and may have separated the marijuana on their living room floor, perhaps leaving some behind that their child was able to get and ingest.

The Department of Human Services placed the child into the custody of a family member when police learned of the incident.

During that same visit, James A. Cosby allegedly denied there was any pot inside his home, though the residence had a “strong odor” of the substance, according to detectives. James A. Cosby later took Detective Thomas Donnell to a bag of marijuana stashed under a bathroom sink, Donnell’s affidavit says.

Both of the Cosbys are set for an initial appearance Nov. 13 in Cherokee County District Court.

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