Your recreational pot use can affect custody

Flicker, Kerin, Kruger & Bissada LLP

If you are in the middle of a contested custody battle with your ex, you should expect that they may decide to play dirty. While that can mean all sorts of different things, here in California where recreational marijuana use is now legal, the bud you smoke could become a legal sticking point.

How is that, you may be wondering, when you can go right to a dispensary and legally purchase it?

It’s really very simple. While adults can buy and smoke marijuana recreationally here in our state, marijuana is still considered to be a Schedule I illegal drug on the federal level.

Also, keep in mind that although alcohol and prescription medications are legal all over the United States, a person can still suffer legal consequences if they drink too much or take too many pills. In a custody case, a parent’s drug or alcohol usage can definitely be turned into fodder against them by their ex’s attorney. When the drug in question is illegal, the ante is upped.

You may counter that by saying that you only take a couple of tokes after the kids are asleep at night to help you get to a good night’s rest as well. It’s not like you’re smoking a blunt before driving them to school in the morning.

But there still are no reliable and readily available tests to determine whether a person is actually under the influence of marijuana when they get tested. The way pot lingers in the cells of the body long after the high has worn off works against you in these cases.

If you are seeking custody of your children, your best bet is to quit smoking pot and detox your body of the effects. Your family law attorney can provide you with advice and guidance in these matters.

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