October 5, 2010

Smoking Pot Hurts Divorced Parents in Custody Cases

Smoking Pot Hurts Divorced Parents in Custody Cases

The recent legalization of marijuana for medical purposes answered the demands of some liberal activists across the country. While legalized marijuana use for medicinal purposes is currently not legal in Palm Beach County and elsewhere in Florida, many are pushing for strong reform of the current policies. 

When it comes to parents smoking weed our Family Law Firm in West Palm Beach understands that Florida legislature could dramatically affect the way many cases are handled, including those involving child custody.

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In states that allow patients to smoke pot, the law clearly states that they shall not be penalized or denied any rights as a result of their herbal treatment. However, cases in California have brought this very issue to the forefront of family law. Although it is directly prohibited to penalize cannabis users, many judges are considering a parent’s use of marijuana when determining child custody cases.

Can Smoking Weed Hurt My Child Visitation?

Concerned parents claim that it is in the best interests of the child to keep them away from marijuana since it is still considered an illegal substance. Divorced parents trying to win custody also argue that pot smokers cannot properly care for children when they are under the influence. In response to recent cases, the Colorado court of appeals affirmed that medical marijuana use is not necessarily a reason to restrict a parent’s visitation but court rulings are showing just the opposite.

While it has been over a decade since the first state officially legalized marijuana as a medical treatment for specific ailments or illnesses, its role in custody cases is proving to be an inadvertent side effect. As more liberals continue to push for marijuana reform across the country, it may be a matter of time before Florida modifies its law regarding the use of cannabis.

If this is the case, divorcing spouses may want to reconsider other treatments before marijuana in order to win custody disputes. For more information on how medical marijuana can detrimentally affect a parent’s ability to obtain custody, please click here.


Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss divorce in Florida, please contact The Law Firm of Charles D. Jamieson, P.A.The Law Firm of Charles D. Jamieson, P.A. or call 561-478-0312.


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