Medical Marijuana And Child Custody

It is no secret that marijuana has long been classified by the federal government as a controlled dangerous substance. It is included in the same category as other drugs like heroin, LSD, and ecstasy. As a schedule 1 drug it has been listed as having a high potential for abuse. In the past, a parent in possession of these drugs or found with these drugs in their system would have the children removed from the home, and emergency orders put in place. However, with the recent state laws, the view of medical marijuana and child custody has changed drastically.

The Attitude Has Changed

Cultural views surrounding marijuana has changed as evidence to support medical uses has increased, further supporting legalization. Recent polls among lawmakers show support of decriminalization over 50%. In 2018 Oklahoma passed the Medical Marijuana Act with state question 788. This does conflict with federal laws regarding medical marijuana, but protects physicians and patients from federal prosecution with the use of prescriptions.

Protecting Parents

Under this new law there are protection for licensed parents. There can no longer be restrictions for custody or visitation of children based on the parent having a medical marijuana license. Also, there is no presumption of child neglect based on this law, unless the parent is acting in a way that endangers the child. This means driving while intoxicated, as you can still get a DUI under the influence of marijuana. It changes the way that judges view custody and visitation cases, but also raises many questions about unlicensed parents in possession of marijuana.

What This Means

In short, you cannot lose or be denied custody or visitation of your children in Oklahoma for being a medical marijuana patient. While the use of the drug still exposes children (potentially), it is not enough to deny parental rights. If you have a child custody case going, contact Sapulpa family lawyer Keri D. Palacios at 918-948-9270 or send a message here.
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