A prominent question in Placer County custody cases is the impact of medical marijuana use by one or both parties. The short answer is ” no one is certain of the impact, but it is still very risky. Medical Marijuana is legal in California provided all state laws are followed. Marijuana is still illegal under federal law and the Drug Enforcement Agency can still enforce federal laws outlawing growth, possession and distribution of marijuana.
Given this confusing conflict of federal and state law, a party’s usage of medical marijuana is a difficult subject in Placer County custody cases. Clearly, if a party is using marijuana around the children, parenting while high or transporting the children while high, the Placer County courts will be gravely concerned about the children’s safety and is unlikely to grant that party much visitation. But legality and safety issues aside, some judges are suspicious of medical marijuana use and that suspicion could negatively affect their custody decisions. Other judges are unwilling to wade into the social debate and are simply focused on the child’s safety. However, the safest answer is to avoid usage of marijuana to reduce the chance of an unfavorable Placer County judge.
If you are involved in a Placer County child custody case, and there is marijuana use involved, please give us a call today. We can help you understand the Placer County child custody process and discuss your concerns regarding marijuana use. We offer free half-hour consultations with experienced Placer County child custody and visitation attorneys.