Medical Marijuana Use Can Jeopardize Washington Child Custody Cases

Medical marijuana has been legal in Washington State since 1998. However, even legal marijuana use is being used against mothers and fathers in Washington child custody cases and when deciding child visitation schedules. Across the state, parents are having their parenting plans significantly limited because of medical marijuana use.

In Matlock, a man is limited to two monthly visits at a neutral location because he grows medical marijuana. In another case, a man is fighting for sole custody of his children after his ex-wife married a medical marijuana user.

On one hand, judges point to the fact that marijuana is still illegal on the federal level – and one judge has even voiced his opinion that patients use medical problems as an excuse to get high. Others judges believe that even though medical marijuana is legal, parents who are taking the substance may not be able to function as suitable guardians.

On the other hand, parents are being barred from seeing their children even though they are taking a legal drug for medical reasons.

One example of parents affected by medical marijuana and child custody is Julian Robinson, a Castle Rock, Washington, man whose medical marijuana use led to a court order that keeps him at least a quarter-mile from his children. The man misses church activities and baseball games – even though he isn’t taking the drug illegally. Though he happily cares for his four younger children, he was told by a judge that he was unable to see his older children – who he raised without concerns for 13 years. His spouse argues that she does not want her children around a federally illegal substance.

Whatever side you are on, the medical marijuana and child custody controversy will continue in Washington State until lawmakers or judges can come to a consensus and a solution.