TOPEKA, Kan. (AP) — A Kansas appellate court says five children of a Navy veteran and his wife were taken into state custody because of suspected drug use and neglect, not because of his use of medical marijuana.

The Topeka Capital-Journal says a Kansas Court of Appeals panel determined Friday the children don’t feel safe returning to Raymond and Amelia Schwab.

The appellate court found that Raymond Schwab tested positive for methamphetamine and opioids during a court-ordered blood screening last year.

Raymond Schwab says he has used medical marijuana to treat PTSD, even though Kansas has not legalized medical marijuana. He alleges the state “kidnapped” the children in April 2015.

The Schwabs’ case has become a rallying cry for marijuana advocates.