A recent article by the Associated Press brings to light the trouble some parents who use marijuana medically can have winning equal child visitation rights. Medical marijuana has been legal in California for over 10 years, but it remains a shady area of the law, and that includes how a parent's medical marijuana use plays into a judge's child custody decisions.
Medical marijuana laws protect people using marijuana from criminal charges, but courts may still view patients as less fit parents because of their drug use. Many parents with medical marijuana prescriptions are allowed only supervised visits with their children. Patients using the drug for medical reasons say that it does not make them less fit and that it shouldn't cause them to lose their visitation rights if there's no evidence of drug abuse.
A legal services coordinator with Americans for Safe Access, a California marijuana law reform group, reported to The Associated Press that since the middle of 2006, they have heard of at least 61 cases where a parent's medical marijuana use was affecting their custody dispute.
One problem is that marijuana use is still illegal under federal law and judges and ex-spouses use this to back-up their reasons for limiting the custody rights of marijuana users. Also, since marijuana is illegal under federal law, prescribed dosages are not given, so it is difficult to determine whether a parent is using an appropriate amount or whether they are abusing the drug.
Source:
Medical pot can cost parents in custody disputes (The Associated Press)
