California was the first state to enact protections for medical marijuana patients and their main caregivers. Today medical cannabis is legal in fourteen other states including California. In spite of this, there are battles around the country regarding the impact marijuana usage can have on child custody.
Is it possible to lose custody because of legally smoking pot in the presence of the children? Does growing medical cannabis expose parents to child endangerment charges?
The right of medical marijuana users in the context of removal, dependency and child custody are yet unresolved. They can face many difficulties while defending their rights, especially because CPS workers, attorneys and judges can be biased against medical marijuana patients.
There is a discrepant, hard-line position by supporters and proponents on this issue. Defendants and medical cannabis activists argue that individuals using a legal treatment for a medical ailment should not be punished in any case. They bring forward an argument that medical marijuana is tantamount to other medication used to treat a medical condition.
The proponents represented by guardians ad litem, social service agencies and arbiters back parents who object having their children exposed to marijuana. Moreover, many family court judges are inclined to support this point of view. Although judges take each child custody issue on a case-by-case basis and analyze with the best interest of the child at heart, if everything is equal between parents, marijuana usage can be put forward as a sole argument to deprive of child custody as using legal marijuana could endanger the child.
There is no significant case precedent created in California, and if you want to get a fair deal in custody battle, you should consult a legal professional to find out more about legal marijuana usage and child custody.
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