Medical Marijuana in Custody Cases

The laws regarding marijuana use are changing, and marijuana use for medicinal purposes is legal in Pennsylvania. While medical marijuana is legal, recreational use remains unlawful, and even if you have a medical marijuana card, marijuana use can be an issue in custody court.

Frequency of use, amount of use, and the effects of the drug can all raise issues when the court makes determinations regarding custody.

Hair follicle drug tests can provide the court with information about levels of use and whether an individual is using the drug at an amount or frequency which is in line with medical use. Excessive use could impact custodial time.

If you are under the influence of marijuana during your custodial time, the court may be concerned about the effects of the drug having an impact on your ability to parent effectively and safely. Allegations that a parent is impaired by any substance during custodial time could affect one’s custodial time.

It is important for medical marijuana users to be clear about their level of use when speaking to their attorney to allow them to effectively navigate these issues if they are raised in court, and in cases where there are concerns about the other party’s marijuana use, it is helpful to understand that a medical card does not mean that excessive or problematic use is not relevant in court.

If your custody case involves issues relating to medical marijuana use, we can be of help. Call Fastman Family Law, LLC at 610-222-5930.