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Medical marijuana use is a personal health-care decision that cannot be used to restrict parenting time unless there is other compelling evidence of danger to children. A recent Colorado Court of Appeals decision (In re Marriage of Parr 240 P 3d 509 Colo App 2010), ruled that unless you are otherwise endangering your children by medical marijuana use, a Colorado family court judge cannot limit your parenting time. There are qualifications to this, and you should contact a Colorado medical marijuana attorney about compliance with rules and regulations.
This ruling came about because a Colorado father obtained a medical marijuana license from the Colorado Department of Heath to obtain relief from persistent back pain. However, the father had already agreed to refrain from using marijuana and to take urine tests in his original divorce agreement with his ex-wife. He kept the license application a secret from his ex-wife and the divorce court. A year or so after the divorce, he filed a petition with the family court to change the marijuana-use clause of the agreement. The trial court denied his petition to change this wording, and the father then appealed that decision.
In response, the Colorado Court of Appeals ruled that legal, licensed use of marijuana for medical purposes presented no danger to the child. This Colorado court ruling followed a 2009 California case that stated, “The use of medical marijuana, without more [evidence], cannot bring the minors within the jurisdiction of the dependency court.”
However, both the Colorado and California court cases mentioned above discuss the possibility that second-hand marijuana smoke might well present a danger to the child (I guess that this is a good reason to not take minor children to rock concerts like Phish or Widespread Panic). Both courts also discussed the harm from changes in the “parent’s demeanor” after using medical marijuana.
The two messages for a parent who uses medical marijuana are:
- Do it away from children
- Do it when after the children have gone to bed and are asleep.
When in doubt, consult with a lawyer who is knowledgeable about medical marijuana laws and family court issues. Such a lawyer is Colorado attorney Shaun Kaufman, who has nearly 30 years experience in Colorado criminal courts. He can be reached 24/7 at 303-720-7275.
Typo Correction: what if the parent that has the medicinal licence allows the child to help care for the plants and the plants are accessible to the kids when they are visiting that parent?
The parent, not the child, is the one who has the license to grow, to use, and to have access. While it might be great for junior to grow tomato plants in the summer time, a family law judge would likely frown on children having access or growing while visiting a parent.