Can Legal Marijuana Use Affect My Right to Custody of My Child After a Divorce?
The marijuana landscape in the United States has been rapidly changing for the past couple of years. In 2020, the state of Illinois legalized marijuana for adult recreational use, making it legal for adults to purchase, use, and possess cannabis under certain circumstances. However, even though it is legal in Illinois, cannabis remains federally illegal. It is still classified as a Schedule I substance, which is thought to be the most dangerous class of drugs. Many parents going through a divorce typically have concerns about their children and how their parenting time and decision-making responsibilities will be allocated. Parents who are legal marijuana users often worry if their drug use will affect their ability to gain custody over their child. However, the answer to that question can be complicated
What Does the Law Say?
According to the Illinois Cannabis Regulation and Tax Act, there are certain situations in which cannabis use cannot be used to discriminate against certain individuals -- including parents. The Act states that a parent, legal guardian, grandparent, or another person who is responsible for caring for a child is protected from discrimination for their marijuana use when it comes to determining things like child custody, parenting time and decision-making responsibilities. This means that you cannot be denied your parental rights by the court for the sole fact that you are a cannabis user.
How Do Judges Decide?
However, that does not bar the court from making decisions pertaining to child custody if your cannabis use endangers the welfare of your child. Typically a court will conduct a hearing if your child’s other parent expresses concern about their child’s wellbeing because of your marijuana use. If this is the case, the court will examine the facts surrounding the situation similarly to how they examine alcohol use. If the court finds that your usage interferes with your child’s wellbeing, they may place restrictions on parenting time or decision-making responsibilities. Examples of marijuana usage that may affect custody include:
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Using cannabis or cannabis products while your child is in your physical custody
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Using cannabis or cannabis products in front of your child or in close proximity of your child
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Being convicted of a DUI in which you were under the influence of marijuana
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Allow your children to use or access your marijuana
Source:
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3992&ChapterID=35
