Marijuana and Child Custody Litigation, part 3

By Bruce Shapiro
A previous blog opined that medical marijuana or legalization of marijuana likely does not have a significant impact on the way judges view a parent’s marijuana use in custody litigation. A Colorado Appellate Court, however, found that mere use of medical marijuana does not justify restricting a parent’s time with a child in the “absence of evidence or findings showing endangerment.” Arguably, the fact that the use was legal distinguished it from the illegal use, just as a parent having a couple glasses of wine while at home with the child normally does not create the risk of a parent losing custody of his or her child.
The momentum of medical marijuana and the legalization of marijuana has ast least temporarily diverted attention from the possible risks associated with marijuana use and the fact that the use of marijuana is still against federal law. Many judges, health care professionals and social workers may still have biases against parents who use marijuana, whether or not for medical purposes. The bottom line, is that if a parent is going to use marijuana, alcohol, or any other drug, a parent must use good judgment and not place themselves or their child at risk.