father holding his child

Child Custody and Medical Marijuana Cards

Many of you have been proud of your medical marijuana card when you come into the office to consult about child custody. Yes, I realize it’s now legal for you to smoke marijuana and you have a medical reason for doing so. No, that does not mean the judge will completely overlook your marijuana use. It’s like alcohol. If you use too much, too often, or it’s clear that your use is recreational as opposed to medicinal then do not expect to have custody of your children. Some points to consider:

  1. What gave rise to you having a medical marijuana card?
  2. What is your medical diagnosis and how does that affect your parenting?
  3. How often are you smoking?
  4. Are you smoking in front of your child?
  5. How impaired are you when smoking? What would you do in the event of an emergency?

Marijuana is just like other drugs. Drugs, when used excessively impair judgment and impact your ability to parent. The purpose of the medical marijuana card was to escape criminal liability for people who need marijuana for medicinal purposes. So, now you won’t be criminally charged but you shouldn’t expect that means you have a free pass to use marijuana and still have custody of your child.