Medical Marijuana Card and Custody

[kapeedmaro]

Can someone living in the state of California who has a Medical Marijuana card still receive partial custody of a child?

 

[mariasusa]

Since they have a medical m. card that means what they are doing is legal...in the state of California. I fail to see how that could impact custody.

 

[Antigone*]

Since they have a medical m. card that means what they are doing is legal...in the state of California. I fail to see how that could impact custody.

Oh maybe because the child seeing mom/dad getting high is not conducive behaviour to the raising of a child.

or... maybe because mom/dad can't be in all his/her senses when under the influence.

 

[LillianX]

Oh maybe because the child seeing mom/dad getting high is not conducive behaviour to the raising of a child.

or... maybe because mom/dad can't be in all his/her senses when under the influence.

If you have a medical marijuana card, it's perfectly legal, as far as the state of CA is concerned.

 

[Antigone*]

If you have a medical marijuana card, it's perfectly legal, as far as the state of CA is concerned.

It may be legal in California to be a pothead but if mom/dad needs pot to function the other parent has a great argument that pot-smoking parent is not in condition with or without the pot to care for the child.

 

[ProSeDadinMD]

I'm going to say "legal means legal". Then i am going to suggest another line to wrest custody....

If you can legally purchase alcohol(which is the case pretty much EVERYwhere in the US) and stiil retain visitation/custody, I am going to go with the fact that if you can LEGALLY be a stoner in CA, it is not a factor, barring some other overriding factor such as negligence due to being a stoner...

 

[mariasusa]

Its an interesting debate. I thought about including...unless the person is abusing the prescription...however, that is true for ANY prescribed drug. How many moms, and dads are prescribed valium or vikaden on a regular basis? A lot. And it is mood altering. But AS FAR AS I KNOW, its not something that gives the other parent permission to question, as its medically prescribed - unless they can PROVE its being abused, or PROVE its affecting their parenting.

The point of medical m. (not going to try) is to help with pain. I saw one friends prescription years ago...its not sitting around smoking pot. It was in three different forms that are to be taken a very specific way...to lessen the high but to have the medical affect.

I'm not condoning or critisizing it. Some people are going to abuse every single prescription or non prescription drug out there. And the drugs are still prescribed for specific medical reasons.

This is hearsay...I did hear on NPR that the Federal Govt has a legal loophole and now has the right to come into medical m. offices and close them down. I haven't heard any stories yet. I'm just south of pot growing country and know LOTS of people with medical cards.

 

[kapeedmaro]

Smoking around the child

Smoking around the child is not done. The father avoids using at all when the baby is around.

 

[LillianX]

Its an interesting debate. I thought about including...unless the person is abusing the prescription...however, that is true for ANY prescribed drug. How many moms, and dads are prescribed valium or vikaden on a regular basis? A lot. And it is mood altering. But AS FAR AS I KNOW, its not something that gives the other parent permission to question, as its medically prescribed - unless they can PROVE its being abused, or PROVE its affecting their parenting.

The point of medical m. (not going to try) is to help with pain. I saw one friends prescription years ago...its not sitting around smoking pot. It was in three different forms that are to be taken a very specific way...to lessen the high but to have the medical affect.

I'm not condoning or critisizing it. Some people are going to abuse every single prescription or non prescription drug out there. And the drugs are still prescribed for specific medical reasons.

This is hearsay...I did hear on NPR that the Federal Govt has a legal loophole and now has the right to come into medical m. offices and close them down. I haven't heard any stories yet. I'm just south of pot growing country and know LOTS of people with medical cards.

In California, medical marijuana is regular marijuana. Actually, it's the kind of super awesome marijuana I'd have lived about 10 years ago, because the dispensaries aren't limited by whatever stock has been imported from Mexico that week. It's not a weaker high than other marijuana (though that is available.)

Furthermore, in California, there are many doctors who will essentially sign off on the medical marijuana card for a fee. Sure, they go through the procedure, but it's sort of like pain clinics in Florida. You go, you pay the fee, you're getting the drugs. While there are certainly many people who are using marijuana for medical purposes, it's pretty well known that marijuana is essentially legal in CA if you just go through the process. It's extremely easy to get a card.

Last, but not least, there was never a federal loophole preventing the US government from busting dispensaries for selling marijuana. Marijuana is illegal in the USA. States may legalize it, and police in that state can't do much about it, but the federal government has always had the option to.

 

[mistoffolees]

It may be legal in California to be a pothead but if mom/dad needs pot to function the other parent has a great argument that pot-smoking parent is not in condition with or without the pot to care for the child.

Legally, it's no different than alcohol in CA (if the person has a card). It's legal, but it can be abused.

Like alcohol, the use of the drug is not illegal and is unlikely to have any impact on custody. If, however, someone can prove that the person is abusing the drug and is therefore not in proper condition to care for a child, that CAN be considered in a custody decision.

Of course, that doesn't preclude the possibility that some judge will have a knee-jerk reaction and say "no custody because you use marijuana". Of course, a different judge might have the opposite reaction "I'm going to ignore the claims of neglect because it's only pot". There will always be errors of judicial discretion. But, in the end, the law requires that custody be given to someone who is capable of taking care of the child. Unless proven otherwise, neither marijuana or alcohol use by itself constitutes proof of unfit parenting.

 

[tranquility]

It may be legal in California to be a pothead but if mom/dad needs pot to function the other parent has a great argument that pot-smoking parent is not in condition with or without the pot to care for the child.

As soon as it was brought up, the other side objects for relevance. If the person trying to bring it up doesn't have an expert or facts indicating a danger to the children, the objection should be sustained.

(As to the knee-jerk response, some states have removed rights for smoking tobacco. I can't wait until some judge determines a fat person shouldn't parent their child because of the statistical evidence of the health issues the children may suffer.)

 

[xylene]

Custody, is a state issue.

Medical MariJuana is a state issue.

What the feds say or think is therefore largely irrelevant.

Custody, including FULL legal custody, has been granted to MMJ patients.

Nothing about being a MMJ patient, per se, in California, precludes any particular custody arrangement.

 

[tranquility]

On a side note:

In California, medical marijuana is regular marijuana.

Marijuana is not marijuana is not marijuana. There are hundreds of compounds which are ingested when marijuana is ingested. The most exciting studies revolve around the different effects of the different cannabinoids.

When marijuana is put into a spectorgraph analysis, there are a number of different "spikes" within the cannabinoid group. Each spike represents a different chemical. Currently, there is focus on three. THC, CBD and CBN. Each has different effects and each strain of marijuana has different levels.

An example of one way to use the data is at:
Marijuana Testing | Cannabis Testing : Marijuana Strain Search

The point is, for medical users (And potheads, too. But the impetus was for medical benefit understanding.) marijuana is not marijuana. The particular strain changes the physiological and psychological effects.

 

[mariasusa]

In California, medical marijuana is regular marijuana. Actually, it's the kind of super awesome marijuana I'd have lived about 10 years ago, because the dispensaries aren't limited by whatever stock has been imported from Mexico that week. It's not a weaker high than other marijuana (though that is available.)

Furthermore, in California, there are many doctors who will essentially sign off on the medical marijuana card for a fee. Sure, they go through the procedure, but it's sort of like pain clinics in Florida. You go, you pay the fee, you're getting the drugs. While there are certainly many people who are using marijuana for medical purposes, it's pretty well known that marijuana is essentially legal in CA if you just go through the process. It's extremely easy to get a card.

Last, but not least, there was never a federal loophole preventing the US government from busting dispensaries for selling marijuana. Marijuana is illegal in the USA. States may legalize it, and police in that state can't do much about it, but the federal government has always had the option to.

Not trying to debate you...I am no expert on all this stuff as I have not even considered that route for my physical pain. However, the prescriptions I witnessed a friend had - years back so my memory is foggy - one was a tincture, there were pills, there were forms of pot I've never seen before. He personally was not given weed to smoke. (maybe cause he has asthma)

 

[kapeedmaro]

I need legal sources not just personal

I need legal sources like other cases or Laws that say it is okay as long as they are not abusing HELP