Oregon legalized marijuana in 2014, which has had positive impacts on business, taxes, and criminal justice, but it also raised questions about child custody. Many parents wonder if using marijuana—whether smoking, vaping, or consuming edibles—can affect their custody rights.
Although numerous states have legalized marijuana, it’s still illegal federally, which complicates matters. After legalization, many misdemeanor possession cases were dropped, but marijuana use remains relevant in family court.
Can You Lose Custody of Your Child for Smoking Weed?
The legal situation regarding marijuana and child custody is still developing. While there’s no substantial data, there are anecdotal reports of parents losing custody over minor marijuana-related issues.
Though the courts may rule these children were in no imminent danger, such cautionary tales are indicative of the shady gray zone legal marijuana currently inhabits.
How Does the Court View Cannabis Products?
Public perception of marijuana users often skews negative. If you’re in a contentious custody battle, your ex may argue that your marijuana use makes you an unfit parent, regardless of its actual impact on your abilities.
You may encounter a judge who’s sympathetic to your plight. But it’s entirely possible you’ll pull one with a more hardline stance.
In most cases, recreational marijuana use alone shouldn’t cost you custody, but it can still influence the outcome, especially in a hostile environment.
Related Reading: Creating a Divorce Strategy
How Does Marijuana Impact Custody Battles?
Right or wrong, the perception of a stoner engulfed in smoke and surrounded by fast food containers remains with many. But as more people indulge, public perception is shifting.
Federal law still views marijuana as a Schedule 1 drug—the same category as heroin and LSD. So that seedy stigma is still hard to shake in some courtrooms.
Marijuana use may have zero impact on your ability to care for and protect your children, but it can still play a part in who gets custody.
It likely won’t be the sole deciding factor—unless you smoke a ludicrous amount and your ex shows it makes you a terrible parent—but it often plays a role. Fortunately, you can protect your parental rights.
How Can You Protect Child Custody Rights?
If you use common sense, recreational marijuana use shouldn’t become a big issue in your child custody case.
Avoid using cannabis products around your kids. Stay sober when you need to care for them. Hide your stash, paraphernalia, and especially the edibles that look like treats for all ages.
In short, don’t be careless.
Related Reading: Enforcement Proceedings: Protecting Your Custody Rights
What’s a Good Comparison For Marijuana Use?
Using alcohol as a comparison can guide expectations.
Like with alcohol, if consuming cannabis impairs you to the point where you can’t effectively look after your kids, leave your stash in the closet.
As with any controlled substance, it’s a good idea to talk to your kids about it. Set boundaries and guidelines, and make sure they’re educated on the subject.
How Does Substance Abuse Affect Child Custody?
More habitual consumption poses a bigger problem.
No matter what the drug or its legal standing—be it cocaine, meth, or alcohol—substance abuse and dependency will have something to say about who ultimately ends up with custody. Marijuana is no different.
In practice, the law varies from judge to judge and court to court.
Related Reading: What Happens When the Court Appoints a Guardian Ad Litem
What About Vaping, Edibles and Other Products?
More and more, instead of smoking marijuana, people choose to vape or snack on gummies. Other items increasing in popularity include baked goods, pills, candies, tinctures, sodas, teas, lotions, bath bombs, and even bottled water. At this point, consumption options are endless.
In general, the courts will likely view marijuana consumption as marijuana consumption, no matter the delivery method.
From a strictly legal standpoint, simply using marijuana recreationally shouldn’t negatively impact your custody claim.
If it compromises your ability as a parent, impairs your judgment, or use becomes a problem, it may pop up in court.
In short, even with legal status and changing views on the matter, since so much remains up in the air and subjective, it’s best to play it safe when it comes to marijuana use and your custody case.
Related Reading: What Is The UCCJA? A Look At How It Protects Children
Comments 12
Thank you for this helpful information. I now understand how I can advocate for myself being a single Mother.
I have paperwork from a judge 4 years ago from my ex saying I had to do a hair test for pot, know out of the blue my ex is being silly and saying I need to go do a hair sample, it is legal on Oregon, I’m a single mom who works for the school district, raise my kids on a small paycheck, smoke a little weed at night before bed I confronted dad about he fought to have his kids for 2 nights a week and hasn’t for over 4 years, I begged him to do it figure out how to get them off to school, figure out babysitters on his ,2 days the normal stuff w kids and all he could say was I need to go get my hair checked for THC, after I’ve been raising his kids w out h doing what he requested in raising his kids for 2 days a week!, we have been sleeping together for the last ,,3 Years he does not live w me, he doesn’t even have a bedroom or beds for the kids at his house I think if he cared he would of done that a few years back, he’s a good dad who I think loves his kids but has never really raised kids, I have an adult child I’ve raised and have a good idea how it goes, please help me I need advise!
Hi Lillian, thanks for reaching out! That’s a tough situation, too complicated to get into here. I passed your contact information along to Colin Amos, our managing attorney. He will reach out to you soon with a better answer.
I have a question on whether or not if you have a prescription for medical marijuana due to a medical condition is it looked at the same? Like if you have MS or Lupus and it’s medically legal in your state, would this be under a different consideration? Most medical grades can be more CBD but can still have traces of THC and would return a positive result.
Hi Marie, thanks for the question. The laws on this are pretty convoluted–far too complicated to get into here. I passed your contact information along to Colin Amos, our managing attorney. He will reach out soon and hopefully be able to address your concerns!
Goldberg Jones,
I live in MA. I am a woman. Do you know of any lawyers that could represent me in the state of MA? Please do not judge me based on my sex. I could use your help. I believe it would benefit your company to not just represent men, as stated in such on your website. It is against the law to discriminate based on ones sex. As lawyers, your team should be aware of this. Thank you very much.
Hi Grace, thanks for reaching out! We represent anyone who needs our help in family law cases, both men and women, we simply focus a bit more on issues facing husbands and fathers. Unfortunately, we only practice in Washington, Oregon, and California. Massachusetts is a bit out of our circle, though I’m sure there are many wonderful attorneys who practice there. Best of luck with your search!
This made me feel a little better. I’m a single mom and just got served today. My ex fiancé is filing for custody. His main defense is that I smoke weed and drink and that my kid isn’t fed bc I didn’t have a job and that she’s neglected. In reality I never smoke around my kid. It’s aleays put away. I smoke at night when she’s asleep and I never have that much put up. A small amount. And we vape but not around the baby. When I drink, which is rare, I make sure my kid is safe. And my kid is fed. She’s a lil chunky butt. My bf helped out while I didn’t have a job. I now have a job again. My ex doesn’t know that though. My court date is this month even though I got served today. So this made me feel a little better about my situation. Thank you. Ik nothing is certain, but this gave me a little faith.
That sounds like a tough situation, Maria, sorry you have to deal with that. We glad we could offer at least a glimmer of hope in a dark time!
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This article on how legal marijuana impacts child custody is eye-opening and informative. It delves into the complexities of a topic that often gets overlooked or misunderstood. By discussing various scenarios and providing practical advice on how to navigate custody battles involving marijuana use, the article helps shed light on an issue that affects many families. It emphasizes the importance of being mindful of the legal and social implications of marijuana use, especially in the context of child custody. Overall, the article does a great job of raising awareness and sparking conversations about a relevant and timely subject.
This article did a really great job helping me understand how marijuana use can affect child custody. I didn’t realize that even if it’s legal in some states, using it could still be used against someone in court. It explained how judges and laws can be different depending on the case, and that using weed around kids or not being responsible about it could really hurt your chances in a custody battle. I liked how the writer compared it to alcohol and gave clear advice on how to be safe and smart about it. They made a confusing topic feel a lot clearer and more real.