Should Cannabis Have a Place in Custody Disputes?

August 26, 2010 (Press-News.org) The use of medical marijuana, legal in 14 states, is at issue in heated custody battles around the country. Parents and guardians seeking custody argue that since possessing, growing or using cannabis or any derivative thereof is still illegal under federal law, it should be considered by the court. Many family law judges (even those in states like Washington, whose medical marijuana law - section 69.51A of the Revised Code of Washington - specifically bars patients from being "penalized in any manner or denied any right or privilege") are being forced to factor in medically supervised marijuana use and its possible effects on the children when making child custody and visitation decisions.

Many parents and medicinal marijuana activists (like the California-based Americans for Safe Access, and Washington, D.C.'s Marijuana Policy Project) argue that no parent should be punished for using a legal, doctor-recommended treatment for a medical ailment. They equate the use of medical marijuana with the use of prescription medications to treat other conditions, and they even argue that it is much less "intoxicating" than many medicines, particularly opiates and muscle relaxants.

Arbiters, social service agencies and guardians ad litem tend to support parents who oppose having their children exposed to marijuana, medicinal or otherwise. Based upon the prevailing public opinion, many family court judges seem to agree. Even though every child custody case must be decided upon its merits and with the ultimate goal being to protect the child's best interests, it seems that some cases are hinging upon this issue, particularly when other factors weigh equally in favor of both parents.

The effect of medical marijuana on custody proceedings has become common enough that a precedent-setting verdict in the state of Colorado now means that legally using the drug does not, by itself, mandate restricting a parent's access to his or her child. Michigan and Maine have gone so far as to pass laws that protect the parental rights of medical marijuana patients, making a party wishing to limit the amount of time the patient/parent spends with a child shoulder the burden of proving that the marijuana use is endangering the child and/or is directly contrary to the child's interests.

Only time will tell what ultimate effects medical marijuana use will have upon divorce, child custody and child support proceedings. In the meantime, if you are in the midst of a custody, visitation or support disagreement (whether or not medicinal marijuana is a relevant issue), seeking the advice of an experienced family law attorney can be an invaluable step toward protecting your rights and learning more about your legal options.

Article provided by Engel Law Group
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