Since the legalization of medical marijuana under certain circumstances in California, Michigan and several other states, there has been a lot of discussion about the implications of this in divorce. I have talked with judges in particular about the impact this has on child custody and parenting time.
Marijuana is illegal, and therefore smoking marijuana could definitely have an impact on a divorce, especially if it is being done openly. What about when one spouse has a license for medical marijuana? Can medical marijuana have an impact upon child custody? I believe it can. Can it impact parenting time? Yes, but in both cases, it's a matter of the degree of exposure to the children. If smoking marijuana with a medical license is done out of the presence of children, then it should have little impact. On the other hand, if it is done regularly in the presence of children, it could definitely have an impact on custody and parenting time. In a close case, the non-marijuana smoking spouse could possibly receive primary custody.
The primary issue is the exposure of the children to the pot smoking, even with a medical marijuana license. If it is being used every day, then there are issues of second-hand smoke -- especially with regard to marijuana where you can get a contact high. That may certainly have an impact on custody decisions. On the other hand, if the marijuana use is limited -- perhaps to evenings when the children are not around or the days where the parents don't have custody in a shared arrangement -- then it is going to have very little impact.
It also depends on whether or not the other spouse is going to make the marijuana use an issue in court by bringing up the amount of exposure and the children's ages. The court's attitude will also impact the ultimate verdict. Some communities are much more liberal with regard to medical marijuana; some communities and courts are much more conservative.
Many people believe that marijuana should be legalized entirely and regulated like other drugs, such as alcohol. If this were the case, then marijuana would be treated like alcohol in family court and it would still have an impact on custody decisions, especially if it is used to excess.
The reality today is that marijuana is not legal, though medical treatment with marijuana licenses is permissible in certain states. In those cases, I think the analogy should be to alcohol; If someone is an alcoholic, that is definitely going to have an impact on parenting time and custody. If someone is using medical marijuana to a large degree, it would definitely have an impact as well.
If I am representing a client where medical marijuana is an issue, here's what I would advise:
1. If custody and parenting time are issues in a divorce, I would make sure that my client would agree to not using marijuana in front of the children.
2. I would make sure there is a schedule that is strictly adhered to so that the children are not exposed to the marijuana and that there is little danger to them being exposed to the second-hand smoke. This could be done by making sure the smoking is done only when the children are not around and only out of the home. he key is what is in the best interests of the children.
However, this is an issue that is to be discussed on a case by case basis between attorney and client.
These are my thoughts. Please share yours with us as well.
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However, if (God forbid) anything happened to our marriage, in no way, shape, or form would I allow him to have any custody over the children. Because, at the end of the day he is HIGH. He would not be able to wake up if one of the kids had a nightmare, he wouldn't be able to drive if there was an emergency, he's not even able to bathe them, because he is HIGH.
Don't even try to compare marijuana to alcohol. I can control my level of inebriation with the amount of wine I drink. With marijuana, you get HIGH. One puff, two puffs... you get high.
I am a strong supporter of medical marijuana since seeing the difference in my husbands condition. But, I would never grant him custody of the kids.
Children should not be around smoke of any kind. Children as young as two under proper medical/nursing supervision and for certain maladies are greatly helped by medicinal cannabis.
I would recommend to your clients and all patients that they vaporize not smoke cannabis, or use alternative methods of delivery (topical, ingestion, oral-mucosal, etc.). Vaporization creates no smoke only a therapeutic "vapor" with no negatives for the pulmonary system.
Al Byrne, co-founder, Patients Out of Time: An educational charity that since 1995 has taught MD's and RN's about the clinical uses of cannabis under the authority of the ANA and AMA.
FYI....I don't do drugs in front of my kids, but I do occasionally drink in front of them. Personally I don't see any difference between a beer and a joint except legal status.
Heart disease: 599,413
Cancer: 567,628
Chronic lower respiratory diseases: 137,353
Stroke (cerebrovascular diseases): 128,842
Accidents (unintentional injuries): 118,021
Alzheimer's disease: 79,003
Diabetes: 68,705
Influenza and Pneumonia: 53,692
Nephritis, nephrotic syndrome, and nephrosis: 48,935
Intentional self-harm (suicide): 36,909
Cannabis: 0
MDMA: 6k
LSD: 3k
GHB: 3k
Aspirin: 8k
The US Drug Laws make no sense whatsoever.
You pot fan boys are evil. Just want to spread that crap to others based on your talking points.
Ironic that your hero Ben Franklin smoked and grew cannabis.
Learn the details before you condemn cannabis growers.
Actually, Cannabis should not be smoked for the most part, as smoking is bad for your health, exposes others to 2nd hand, and can lead to copd(which happened to me).
Vaping is much better, without the bad chemicals created by burning, and very little 2nd hand exposure if any. It also does not make the user forgetful, deadbrained or sleepy like smoking can.
Oral cannabis oil, for me, is the most efficacious method, and gives the most relief for pain, stomach issues and inflammation.
Adults using the sacred medicine Cannabis properly is what we should show to our children.
God are you full of it.
It is about as sacred as sniffing glue. Chemicals that give your brain a fake high.
According to DrugRehabs.Org, national mortality figures for 2009 were: tobacco 435,000; poor diet and physical inactivity 365,000; alcohol 85,000; microbial agents 75,000; toxic agents 55,000; motor vehicle crashes 26,347; adverse reactions to prescription drugs 32,000; suicide 30,622; incidents involving firearms 29,000; homicide 20,308; sexual behaviors 20,000; all illicit drug use, direct and indirect 17,000; and marijuana 0.
Researchers led by Professor David Nutt, a former chief drugs adviser to the British government, asked drug-harm experts to rank 20 drugs (legal and illegal) on 16 measures of harm to the user and to wider society, such as damage to health, drug dependency, economic costs and crime. Alcohol scored 72 out of a possible 100, far more damaging than heroin (55) or crack cocaine (54). It is the most harmful to others by a wide margin, and is ranked fourth behind heroin, crack, and methamphetamine (crystal meth) for harm to the individual.
http://www.economist.com/blogs/dailychart/2010/11/drugs_cause_most_harm
The American Journal of Preventive Medicine found that in the U.S. alone, an estimated 79,000 lives are lost annually due to "excessive" drinking. The study estimates that the overall cost of excessive drinking by Americans is $223.5 billion each year.
http://www.ajpmonline.org/article/S0749-3797(11)00538-1/abstract