If I Use Medical Marijuana in Florida, Do I Automatically Get Less Parenting Time?

On March 13th, a bill that would have protected the custody rights of parents who use medical marijuana died in the Civil Justice & Claims Subcommittee in Florida. If you use medical marijuana, you might be disappointed to learn that the court could hold this against you during a custody case in Orlando. How is this fair? What can you do to increase your chances of getting plenty of parenting time if you use medical marijuana?

The Court Can Hold Your Medical Marijuana Usage Against You in a Custody Case

In Florida, there is no law prohibiting a family court judge from holding your medical marijuana status against you during a custody case. This is the issue that the aforementioned bill would have addressed. Specifically, the bill would have clearly eliminated any “presumption of neglect or endangerment” associated with a parent’s possession of a medical marijuana card.

The fact that this bill failed to pass means that (as of this writing), judges are allowed to exhibit bias against parents who use marijuana legally with a medical prescription. This might seem unfair, especially since medical marijuana is perfectly legal with a valid license in the Sunshine State. This could be a case of family laws lagging behind marijuana laws, although some might argue that cases involving children require more caution than individual adults using prescription cannabis.

Medical Marijuana Usage Does Not Automatically Limit Your Parenting Time

While the bill might have failed to pass, your usage of medical marijuana does not necessarily prevent you from spending much time with your children after a divorce or breakup. Instead, it only opens the door for a judge to consider this factor when determining your child’s best interests. With the right strategy, you may be able to convince a judge that your medical marijuana status has zero effect on your child’s best interests.

In order to make this argument effectively, you may need to show that you are extremely careful with the way you store, purchase, and use marijuana. If you want to achieve positive results in your custody case, you should avoid using medical marijuana in front of your children. Although what you’re doing might be perfectly legal, judges may still be uncomfortable about the open use of a drug that was illegal quite recently.

Second-hand smoke is another factor worth considering when approaching custody cases. Although marijuana smoke might not be as harmful as cigarette smoke, it still doesn’t make sense to expose your child to any fumes if you want to present yourself as a cautious, safe parent.

Can an Orlando Child Custody Lawyer Help Me? 

If you use medical marijuana and you want to protect your custody rights in Orlando, consider speaking with an experienced attorney. While HB 1061 may have failed to pass into law, your lawyer can help you execute strategies that protect your parenting time, even if you’re a medical marijuana user. Continue this discussion with Orlando child custody lawyer Steve Marsee, P.A. today.

Sources:

 marijuanamoment.net/florida-senator-files-bills-to-provide-employment-and-parental-protections-for-medical-marijuana-patients-ahead-of-2026-session/

flhouse.gov/Sections/Bills/billsdetail.aspx?BillId=83736