Medical Marijuana and Child Custody

      Do you have a medical marijuana card in Missouri? Are you considering getting one soon? The medical marijuana card should avoid any problems in a child custody case, right? Wrong. 

           Even though Missouri gives you a constitutional right to use medical marijuana, it can still impact your child custody case. In short, getting a card is not a silver bullet in the case. If you routinely use marijuana, chances are that it will come up in your custody case. And chances are a judge and/or guardian ad litem will take time to investigate the use and ask whether or not the use poses any risk to the child or children. Despite the fact you have the right to use it, the judge still has to make a determination as to what is the child’s best interest. If the use impacts the child, whether it’s second-hand smoke or just use while the child is in your custody, a judge could consider the use when making the ultimate decision regarding custody.

           Courts are trending towards treating marijuana use more like alcohol – be careful and responsible with it when around the kids. However, it’s important to know how your right to use medical marijuana can still impact your custody rights.



           If you’re in a custody case or have questions about custody involving issues about medical marijuana, contact us to talk about it further.