Marijuana Use and Custody After Legalization in California

Family Law AttorneysAs marijuana consumption becomes more socially acceptable and integrated into mainstream society, many people’s attitudes towards pot have grown more lax over the years. This has been paired with recent legalization in California and a few other states, which has further taken much of the taboo away from marijuana users. 

While weed smokers have less scrutiny than ever to worry about, not every space has become as accepting. Today, we’re discussing the ways in which marijuana use could impact your custody case, and looking at how people such as the ex might try to use marijuana use against you.

Marijuana as a Point of Conversation During Custody Hearings

The short answer is that marijuana possession or consumption to any extent could be weaponized against you during your custody hearing. Fortunately, the family law courts in CA regard marijuana use with its legal status in mind. Their approach is the same one that they take when assessing alcohol or tobacco consumption: if this activity does not interfere with parental duties and in no way places the child in harm’s way, the courts are not likely to count this against you. 

The Best Interests of the Child and the Impact of Marijuana Use

Things aren’t always clearly black and white though. As we’ve covered, in CA the family law courts always prioritize the best interests of the child. This means making decisions that best help the child have his/her basic needs met, access to education, a stable safe home, access to loved ones such as both parents when arrangements permit for this, etc. 

The ex could try and find ways to paint a picture where your marijuana use interferes with the best interests of the child. Whether from an educational, medical, moral, or any other angle that he/she might take, the goal is to cast doubt on your ability to parent.

Talk to a Family Law Attorney Today

With this in mind, the best prep that you can do for your child custody case in CA is to consult with an experienced attorney ahead of time. At R & S Law Group, LLP, we take pride in our dedication to every case and always make time to sit down with each and every prospective client before taking on a case. Here, we take the time to discuss specific details, potential strategies, desired outcomes, and more. 

Call us at R & S Law Group, LLP at your earliest convenience! You can book your free initial consultation by reaching out to us at (949) 825-5245.