When California voters decided to legalize the use of cannabis, both for medical and recreational use, it did not necessarily mean that cannabis consumers were completely in the clear of the restrictive effects of the taboo it carried.
Despite it being legal to possess and consume the plant in California and some other states that have approved it, the DEA tells us that the substance is still considered federally illegal under the Substance 1 category. This means, anything handled in a Federal Court, such as a child custody case, will be subject to upholding the Federal Law.
Legal Cannabis Use Can Complicate Child Custody Cases
Child custody cases are already one of the hardest things parents can go through and due to the lingering negative reputation that cannabis use still has, being a parent that is a cannabis consumer, can complicate the custody case process and even cause a loss of all parental rights. This is especially true if one party of the couple decides they want to use the information against their partner to win their case.
The Federal Court will always fall in favor of trying to decide what is best for the child. If it appears that cannabis use is more important or a higher priority to the parent than the child’s well-being, that parent can lose custody rights, including visitation and decision-making.
Legal Cannabis Use Is Not Acceptable In Federal Court
This is not all to say that if you are a cannabis consumer, you will be completely out of luck in a custody case. In today’s society, it is understood that responsible cannabis use is growing more popular, and just like the many parents that may have a drink at the end of their evenings, a cannabis consumer may also partake in a responsible amount.
Unfortunately, one is still more greatly accepted than the other, and even though this is an ever-evolving and more accepted concept each day, this has not become the popular opinion in federal courts in the event of child custody cases.
Err On The Safe Side: Withhold From Legal Cannabis During Child Custody Cases
The only way to know for sure that your custody case will not be affected by cannabis use is to cease using it immediately. There is no way at this time to prove your consumption is a healthy and responsible amount, and the best chance for a cannabis consumer to gain or keep child custody is to fall on the side of being safe and withhold from use during your case. Too often, parents are losing their rights because they aren’t aware of the severity that cannabis consumption still holds in a court of law.
Consider Legal Help If You Are A Cannabis User Facing A Custody Battle
If you’ve found yourself in a situation where your spouse is trying to leverage your cannabis consumption against you in order to obtain full child custody, it is recommended to work with an experienced family law attorney.
I understand that any case involving your child can be difficult to navigate, and I take pride in being able to protect your right to give them a healthy and happy childhood. Reach out today for help with your case.
