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Proposed Legislation Would Make it Illegal Discrimination to Deny Custody (or Unsupervised Visitation) to a Medical Marijuana User Unless There is an Unreasonable Danger to Their Child

By Janet Langjahr

Residents of Maine will be voting next week on proposed legislation intended to broaden and simplify usage of marijuana for medical purposes.

What does that have to do with family law?

Well, one of the proposed provisions prohibits discrimination against patients in child custody matters.

A significant number of people have allegedly lost custody of their children just because they use medical marijuana – or grow it.

Specifically, the proposed legislation provides that patients cannot be deprived of custody or (presumably, unsupervised) timesharing or visitation unless their marijuana use renders them “unreasonably dangerous” to their child.

In other words, under the proposals, it would be illegal discrimination to deprive a parent of custody (or unsupervised visitation) just because the parent’s behavior with marijuana use makes the parent merely dangerous to their child.

Ironically, this kind of proposed language may give a medical marijuana user an advantage over a non-user … not to mention over their child. Who may only be in danger, but not unreasonable danger.

Read more in this Drug War Chronicle newsletter article: Feature: Maine Medical Marijuana Dispensary Initiative Ahead in November Election Campaign.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on October 29, 2009 (boomark / email).