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Can Medical Marijuana Use Be Used Against Me When Determining Child Custody?


Many states have recently passed laws that make recreational marijuana use legal and allow the open sale of marijuana through legitimate dispensaries. Florida is not among those states. Marijuana is only legal with a valid prescription. Further, marijuana is still considered a Schedule I substance under the Controlled Substances Act, a piece of federal legislation that makes marijuana illegal to sell or own. This means that if you are a parent who uses marijuana, either medically or recreationally, the court can consider this as a factor when determining child custody and visitation. In this article, the Florida divorce lawyers at Westchase Law, P.A. will discuss how the use of medical and recreational marijuana could impact your child custody case.

Will my medical marijuana use impact my child custody case? 

You are allowed to legally own and use marijuana in the state of Florida so long as you have a legitimate prescription with the Florida Office of Medical Marijuana Use. Nonetheless, marijuana is still considered illegal under federal law. Individual judges can be biased against those who use marijuana even if they have a valid prescription. If your former partner is accusing you of being a drug addict or arguing that your cannabis use makes you an unfit parent, you will need to be able to prove that this isn’t true.

To prove this isn’t true, you will need to establish that you are still a fit parent. The opinions of judges as to whether or not marijuana use impacts your capacity to parent will vary depending on the judge. You will want to establish through evidence that you are a fit parent. You can use the testimony of teachers and other adults who have seen your parent in the past. They can provide proof that you are a loving and attentive parent.

The bottom line is that your medical marijuana use can be used against you in court, but you can fight the allegations of being an unfit parent.

Recreational marijuana use can be used against you in court

 If you are a medical marijuana user, you will want to be prepared to present the court with evidence that you have a valid prescription. With this documentation, you can establish that you are not just using marijuana to get high, but rather, you have a legitimate reason for using it. Ultimately, the use of medical marijuana will not be the sole deciding factor in whether or not you get custody of your children or have adequate visiting time.

Those who use marijuana recreationally may face additional scrutiny from the courts. The courts may assume that your marijuana use is evidence of an ongoing drug problem that makes it more difficult for you to provide a safe and secure environment for your children.

Talk to a Tampa, FL Divorce Lawyer Today 

Westchase Law, P.A. represents the interests of those pursuing a divorce in Tampa, FL. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.

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