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Can my Medical Marijuana Use Affect my Parenting Plan?


Marijuana laws around the country are changing, but one important law has not changed: the Controlled Substances Act, which lists cannabis as a Schedule I drug. This means that if you are a parent who uses marijuana medically or recreationally, you can face scrutiny from your former partner for engaging in illegal activities. He or she may use your cannabis use as grounds to allege that you are not a fit parent.

When your former partner claims that you are not a fit parent, fight the allegation. Your parenting plan can be dramatically altered, leaving you with far less time with your children if you allow your former spouse to convince the court that your marijuana use makes you an unfit parent. If you are a medical marijuana user, you have the right to seek relief from your condition. If you use marijuana responsibly, you have the right to continue having a consistent relationship with your children. 

Understand that Marijuana Use is a Touchy Subject

And by that we mean that although it is legal to use marijuana if you have a legitimate prescription with the Florida Office of Medical Marijuana Use, cannabis is still an illegal drug under federal law. Individual judges can be biased against marijuana use for any purpose. If you face accusations from your former partner that you are addicted to drugs or that your cannabis use makes you an unfit parent, you have to be the one to demonstrate that this is not true.

How? With evidence that shows your fitness as a parent. Testimonies from your child’s teachers and other adults in his or her discussing your role as a parent can be very useful evidence to support your position. Additionally, any other evidence that shows that you are an attentive, involved parent while your children are with you can help you fight false allegations that you are an unfit parent. This can include testimonies about how you store your medication.

Have your Medical Marijuana Documentation Ready to Share with the Court

Another important piece of evidence is your medical marijuana documentation. With this documentation, you can show that you do not simply “get high,” but that you were prescribed medical cannabis by a doctor.

Your medical marijuana use is not a sole deciding factor in whether you can or cannot have parenting time with your children. However, if you face scrutiny related to it, be proactive and address it head-on by demonstrating to the court that medical cannabis relieves your symptoms and makes you healthier and more capable of parenting your children. 

Work with an Experienced Orlando Family Lawyer

When you are facing challenges related to your parenting plan, have an experienced Orlando family lawyer on your side to be your advocate and help you fight any false accusations you face. Contact the Law Offices of Steve W. Marsee, P.A. today to set up your initial legal consultation in our office, during which we can answer any questions you have and work with you to develop an effective legal strategy to use in court.




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