How Does Marijuana Use Impact Child Custody?

Key Takeaways:

• Recreational marijuana use has been legal in California since 2018, but that doesn’t mean it won’t impact child custody cases.
• The courts base custody decisions on the “best interests of the child.”
• From a letter-of-the-law perspective, marijuana use parallels alcohol use, though they are not always treated the same way in practice.
• Like with alcohol, if marijuana becomes a problem or puts your children in harm’s way, it may become an issue in child custody cases.
• How much impact legal marijuana use has in custody cases will likely vary from case to case and judge to judge.
• In a heated custody dispute, the other parent may bring up cannabis use to paint your parenting skills and ability in a negative light, whether that’s true or not.
• Be smart and use common-sense steps to present yourself as a responsible parent and protect your custody rights. Maybe this means taking a break from smoking weed.

Marijuana had been legal in our neighbors to the north, Washington and Oregon, for several years. Though medical use was allowed in California for some time, recreational use was not. That all changed at the beginning of 2018, when Proposition 64—the Adult Use of Marijuana Act—a measure approved by California voters, took effect and allowed for the purchase and sale for personal use.

Federally, marijuana remains illegal. While growth, sale, and consumption are also heavily regulated, Prop 64 impacted laws, taxes, and even criminal proceedings. From our perspective as family law attorneys, we find one area especially interesting: how legal marijuana impacts child custody.

How Does Marijuana Affect Child Custody Cases?

In custody cases, the best interests of the child take precedence over everything else.

From a strictly legal, letter-of-the-law perspective, marijuana use parallels alcohol. Simple causal use shouldn’t hurt your custody claims. But, like with alcohol, if it becomes a problem, or potentially puts your children in harm’s way, it may become an issue.

However, the reality is that marijuana and alcohol aren’t always treated the same way. With no set-in-stone rules and regulations, much remains open to interpretation.

Like it or not, there’s still a stigma attached to cannabis.

It’s become much more common; with pot shops popping up all over the place, it’s a normal part of the landscape. They look like the professional businesses that they are. But that doesn’t always change the public’s mind.

Though California and many other states consider it legal, the federal government classifies marijuana as a Schedule 1 drug, like heroin or LSD.

Many people view drinking a beer around their kids much differently than smoking a joint around them.

Cannibis also brings up issues of second-hand smoke, similar to smoking cigarettes near children. There are also vaping, tinctures, edibles, and other delivery methods to consider.

Basically, the reaction varies from person to person. Your social circle may not give cannabis use a second thought. Other people, however, may not hold the same views.

This extends to the courts. One judge may look less favorably on marijuana use than another.

Child custody disputes can become stressful and combative, with each side seeking any advantage. If it gets that far, your ex may very well present the fact that you use marijuana to paint you and your parenting ability in a negative light.

Even if that’s not true, it’s something you may have to contend with and is definitely something you need to consider.

Related Reading: What is a Guardian Ad Litem?

Does Consuming Cannabis Ruin Custody Claims?

As we’ve said, using recreational cannabis alone shouldn’t ruin your custody claims. It may well play a part, but it shouldn’t derail everything.

Shouldn’t is the keyword. Again, things vary case by case.

That doesn’t mean it won’t factor into your situation at all. You do, however, have steps you can take to protect yourself, your kids, and your custody case.

The best way to help yourself is to be smart and use common sense:

• Don’t leave paraphernalia lying around where your children have access to it.
• Limit your kids’ exposure, even if you’re only an occasional user.
• Keep your stash secure, especially if you have edibles, like cookies or candy. You don’t want your kid looking for a snack and grabbing the wrong brownie.

Don’t be reckless. Taking these steps not only creates a safe environment for your kids but also gives the appearance of one.

Again, alcohol consumption offers something of a roadmap. Having a beer or cocktail now and then probably won’t damage your case. But if it impairs your ability to care for your children, it’s going to cause waves. The same goes for cannabis use.

Substance abuse, regardless of the substance, will most likely come up in a child custody dispute.

If you smoke with your kids in the room, if you get high and forget to pick them up after soccer practice, or if, god forbid, you light up and get behind the wheel, especially if your kids are in the car, that will come back on you. And it’s not a good look.

Recreational marijuana may be legal in California now. You may be able to buy it at the new pot shop in the strip mall down the way. But that doesn’t mean it won’t impact your custody case. It’s important to know the potential ramifications. All of them.

How much weight it carries likely varies from case to case and from judge to judge.

If you have questions about the impact of marijuana use on a custody case, it’s probably in your best interest to talk to an attorney. They can offer a realistic idea of what to expect.

In the end, if you have serious concerns about marijuana use and custody disputes, your best option is to take a break. Put the bong down and don’t give your ex any more ammunition to use against you than you have to.

Other Reading: What is the Guardian ad Litem and the Minor’s Counsel?