I'm sorry to tell you that what CPS is suppose to be able to do, and what they actually do are two very different things. All it takes is one Social worker that doesn't like what you are doing to cause you hassle. no matter what you do, find a lawyer that knows the system. You don't have to hire them, but have their info at all times.
I do have experience with this in San Diego, different drug (opiates) prescribed and under tight regulations, but slightly different situation. In order to take the med I am on while pregnant (if you quit, it's likely you will miscarry, pleasant!) you have to be drug tested every week, you only get one week of meds at a time (I got a months worth usually), you have to see their doc once a month and your counselor a few extra times. As long as you follow the rules, you are suppose to be safe.Suppose to be- it isn't illegal at all, and CPS isn't suppose to get involved.
I was lucky, had my baby in August, no problems. But two girls from my clinic had their babies (late July and October) and they were taken and they still haven't gotten them back. They followed the rules too, but some LSW had a bug up their ass. Yeah, this is a prescribed drug! We ALL followed the strict rules and no one used drugs while pregnant, or even for 5-10 years prior. but two babies were removed from their moms. Everyone at the clinic is freaked out, as this med is the standard for any opiate user while pregnant (legal and not).
I DO have practical advice for you. If you quit smoking and put up with being miserable, and follow the rules you should be OK. I would still get a doc to write that you were prescribed but he couldn't renew because of the pregnancy. it's important. Switching to Opiates will NOT help you. They are not too bad for the baby, I am on a super duper high dose and my baby is fine, but it can make your baby dependent and need detoxed, which is miserable and expensive (6 weeks in NICU was 145k!!!). But not dangerous. I say it won't help because you would get in just as much BS with CPS with prescribed opiates as pot. (this is what Im on)
If you don't want to suffer, and you shouldn't have too, get a new OB that understands what's going on and is sympathetic, and find a good pain doc to prescribe your meds. The hospital you pick is of UTMOST importance! I chose a good one, in a nice neighborhood, the other two girls went to not so nice neighborhood hospitals where they had more attitude about these things. they are also non white and poor, which didn't help them. I'm white, 34 and have a great career and money. it matters, even though it shouldn't. The hospital, if its in a big enough city, will have it's own social worker. she can call CPS or NOT.
In San Diego, Sharp Mary Birch is your best bet, I had a good experiene there. If you PM me I will send you the name of the LSW there, she is GREAT and very reasonable. Talk to her, or the LSW at the hospital you chose, BEFORE you go into labor, so there will be no surprises. The one at Mary Birch won't get you in trouble if you are honest, she's a great lady. I can give you the name of my OB who was very good about the whole medication situation, not judgemental and NO drug testing.
Both my OB and everyone at The hospital was amazing, they ask permission for every thing, explain and get consent for every last detail, and NO ONE treated me poorly, or differently because of my past or current medication or diagnosis. This is HUGE, trust me. Also, the OB has a shared practice with a great midwife, a CNM. you can choose her or him for prenatal, and see them every time.
You should be FINE, but I wanted to share the info I have with you and anyone else in this situation. if anyone want info PM me or post.
I would also appreciate not being judged for my choices. I only shared this story to help, not to be critisized. THANKS