• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar
  • Skip to footer
Call For A Free Consultation651-686-8800
  • Firm Overview
    • Articles
    • Settlements & Verdicts
    • Video Center
  • Attorneys
    • Jeffrey S. Sheridan
    • DeAnne L. Dulas
    • Andrew T. Hunstad
    • Randall A. Kins
  • Practice Areas
    • Criminal Defense
    • Aggressive DWI Defense
    • Aviation Lawyers
    • Family Law
    • Estate Planning & Litigation
    • LGBT Rights and Family Issues
    • Business Law And Litigation
      • Real Estate Law
      • Small Business Law
    • Federal Workers’ Compensation
    • Other Areas Of Law
  • Blog
  • Contact

Should Medical Marijuana Use Affect Child Custody Decisions?

December 21, 2016 by Sheridan & Dulas, P.A.

Minnesota legalized medical marijuana in 2014, when the legislature passed a law establishing the state’s Medical Cannabis Program. The existence of this law raises the question of whether a parent’s use of medical marijuana should be a factor in child custody determinations. In California, this has already become an issue.

A recent news story discussed the plight of a Southern California man who alleges he was denied custody of his son after he disclosed that he used medical cannabis, which is legal in California. The man was injured in an auto accident several years ago, and uses marijuana to treat the pain. He says that when he went to court on the custody issue he was told he lacked the cognitive ability to care for the child due to his medical cannabis use. The son was placed in foster care.

Whether this could happen in Minnesota will depend on the facts of the particular case. In any child custody case, alcohol or drug abuse by a parent will be a strong factor against custody. But, there is a big difference between use and abuse. If medical marijuana use does not incapacitate the parent and the child does not have access to the marijuana, it shouldn’t preclude custody. But, if there is any evidence that the child’s safety will be endangered, a court would likely deny or limit custody, even if the parent’s marijuana use is legal under Minnesota’s medical cannabis law.

A parent who legally uses medical marijuana and seeks custody of a child must keep in mind that, when deciding custody issues, Minnesota courts look to the best interests of the child, not of the parents.

Source: Pasadena Star-News, “Can marijuana break up a family? Parents face custody issues over legal cannabis use,” Brooke Edwards Staggs, Dec. 13, 2016

Categories: Child Custody Tags: Child Custody, Family Law

Primary Sidebar

Practice Areas

  • Criminal Defense
  • Aggressive DWI Defense
  • Family Law
  • Estate Planning & Litigation
  • LGBT Rights and Family Issues
  • Aviation Law
  • Federal Workers’ Compensation
  • Business Law And Litigation
    • Small Business Law
    • Real Estate Law
  • Other Areas Of Law

Contact the Firm

    Footer

    Schedule a Consultation

    Sheridan & Dulas, P.A. logo Sheridan & Dulas, P.A.

    1380 Corporate Center Curve #320
    Eagan, MN 55121

    Tel: 651-686-8800
    Driving Directions

    Hours

    Mon-Fri: 8:30 am – 5:00 pm

    Schedule a Consultation

    Practice Areas

    • Criminal Defense
    • Aggressive DWI Defense
    • Family Law
    • Estate Planning & Litigation
    • LGBT Rights and Family Issues
    • Aviation Law
    • Federal Workers’ Compensation
    • Business Law And Litigation
      • Small Business Law
      • Real Estate Law
    • Other Areas Of Law
    The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Sheridan & Dulas, P.A. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Sheridan & Dulas, P.A.. | Copyright © 2021 | All rights reserved | Disclaimer | Privacy Policy | Sitemap