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Of the sixteen states in which medical marijuana is legal, only three provide specific legislative protection for medical marijuana patients involved in child custody litigation.

States with Legal Protection for Medical Marijuana Patients in Custody Disputes

Arizona, Maine, and Michigan all include language in their legal code stating that a person who is party to child custody proceedings cannot be denied visitation or custody because of their prescription marijuana use, so long as their behavior is not unreasonably dangerous. While this is still a subjective standard, it does provide some protection against the prejudice that still exists against medical marijuana.

Child Custody Cases

In Colorado, though there is no legal precedent or language in the statute explicitly protecting child custody litigants, an appeals court has found that a parent’s visitation with their child should not be taken away solely because of prescription marijuana usage. However, a Washington state court has taken away the visitation privileges of a man, party to a custody dispute, because of his medical marijuana usage and the marijuana plants he legally grows at his home. This man was given only limited, supervised, access to his children even though there was no reported evidence of neglect or abuse.

Child Custody Court Trends

Unfortunately, some judges still react to prescribed marijuana as though it was an illegal and illicit drug. It is unclear if this is because of lack of public and judicial education about the need and effects of the drug, or if it relates to a standard in family court where drug use automatically equates to reduced custody.

Suggestions for Medical Marijuana Patients in Custody Disputes

Treat your marijuana like medicine. Keep it labeled and store it with other medications.

If you make food with marijuana, make sure it is clearly marked and stored away from the children’s food.

Keep a journal of when you take marijuana and when you interact with your children.

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Source by Eva Solan