Practice smart medicine management now to help prevent medical marijuana use from impacting any future custody disputes.
While medical marijuana is legal in the state of California, individuals who use and/or cultivate medical marijuana may find that this activity can threaten their ability to retain custody of their children. The rights of medical marijuana patients with regard to family law disputes are still a bit murky, and often crucial decisions are left to the discretion of a social worker or a judge.
It is not uncommon for one divorcing spouse to try to use medical marijuana patient status against the other in an attempt to deny them child custody or visitation. According to patients’ rights activists, the best defense against accusations of unfit parenting due to medical marijuana use is a good offense. Prepare yourself now by using the following tips to develop safe marijuana use and handling practices, and it will be much more difficult for your spouse to convince anyone you are an unfit parent later on solely based on your medical marijuana use.
Limit Your Possession & Use: Under state law, medical marijuana patients are allowed to have 6 mature plants or 12 immature plants and half a pound of processed marijuana, or else whatever amount of marijuana is prescribed by their doctor. You will likely find that your case will be looked on most favorably if you limit your use and possession to the amount actually needed for your medical treatment, rather than having the maximum permitted by law.
Keep Medicine Away from Kids: Just like any medication, medical marijuana should be kept safely out of the reach of children. Make sure processed marijuana is in a clearly labeled container and keep it with your other medications in a place kids can’t access. If you cook with marijuana, you should take care to keep any ingredients or food products similarly segregated. If you grow marijuana on your property, make sure it is fenced off or otherwise made inaccessible to kids.
Avoid Medicating in Front of Kids: To the extent that your condition allows, try to avoid medicating in front of your kids or immediately before interacting with them. In two-parent households you might consider only medicating when the kids are in bed and the other parent is home to handle any emergencies.
Talk About Your Medicine with Your Kids: Finally, be sure your children understand that your marijuana is your medicine and is only prescribed for you. Also let them know it is a private matter as this will help prevent them mentioning it to a teacher or neighbor who may decide to call Child Protective Services on you.
