The legalization of marijuana for recreational and/or for medical purposes is a prevailing issue. In the context of family law, the issue of marijuana use has changed in a relative short period of time. Ten years ago it was quite possible that a parent that used or was accused of using marijuana could have lost custody of their children and be forced to go through numerous hurdles in order to ever see their children. Nowadays, a judge is likely to view accusations of marijuana use with more skepticism. One reason is the evolving view of marijuana use as it is becoming more accepted in society. Another reason is that for years people would blindly accuse each other in court of drug use to the extent that judges have become immune to the mud slinging. This still does not mean that a parent that uses marijuana will not face criticism and negative repercussions in a custody case.
In California, marijuana use is only legal for medicinal purposes. Even if a person legally uses marijuana, it will still greatly affect their custody case. The Court will base its decisions regarding child custody on the best interest standard which concerns the health, safety, and welfare of the child. The Court will only be interested in placing children in a situation which is in their best interest. Marijuana Use Can Affect Child Custody even though it has gained more acceptance. Still continuous and/or frequent marijuana use will still likely negatively impact a parent’s custody case.