When medical marijuana was legalized in some states, it created a lot of discussion about the implications of pot in divorce. The fact is, marijuana that is not used to treat a medical illness is illegal, and smoking marijuana beyond the prescribed amount is never considered honorable. Some states don’t allow medical marijuana, and any sort of possession of pot is considered a breach of the law. If you are addicted to marijuana, it could have a significant effect on your child custody agreements in divorce. If you want full or majority of the kids, you will need to work through your drug issues and see if you can somehow encourage the courts to overlook your use of this drug.

Even if you have a license for medical marijuana, it may still have a negative effect upon your desire for custody. This is because if the children are exposed to this drug it could harm them. For one, it may cause them to form values regarding drugs that are not healthy. That is why the biggest factor regarding your medical marijuana issue is whether or not you choose to smoke in front of your children. If you keep your medical marijuana treatments private, then you may be able to get off without making the drug issue a large factor in your case. Yet if you smoke regularly in front of your children, the judge may have a reason to raise concern. In a close debate between which parent should gain primary custody, chances are that the non-smoking spouse will win.

Think about your marijuana use in the same terms as alcohol. If you consume alcohol in moderation, chances are that it won’t affect your custody of the children in anyway. Yet if you are a heavy drinker, or a binge drinker, and your choices affect your behavior around your children when intoxicated, then you will probably lose your custody of them. The judge may also be concerned about a medical marijuana patient holding primary custody due to the second-hand smoke issues. Children who are exposed to high levels of second-hand marijuana can actually gain a contact high, which is not healthy for their developing bodies.

Once again, if you are not a license medical marijuana user, then you will probably be regarded as a criminal in possession of an illegal drug if you are caught with the substance. In this case you will have to pay a fine and may even need to serve a jail sentence for your crime. This would automatically remove your eligibility to be the spouse with primary custody in the event of a divorce. Evaluate your use of this drug before you try for full custody or primary custody of your children. If you have concerns about past drug use or current medical drug use and how it will affect your case, then you need to talk this over with your family lawyer. A convincing and caring family attorney can help you to pain your medical marijuana situation in the best light possible in hopes of proving to the judge that you still deserve custody of your young ones.

You may want to commit to only using your marijuana when you are away from the children or when they have gone to bed. This will eliminate a lot of issues of exposure. As well, you will want to make a schedule that is strictly adhered to so that you children will not be exposed to the second-hand smoke from marijuana. For example, only use the medical treatment when the children are at school or on visitation with their other parent. If you have more questions about your medical marijuana prescription and your custody agreement, then contact a local family lawyer to fight for you in court today!