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CUSTODY AND CANNABIS
Often in the center of divorce are your minor children. The question posed here is, whether simply having a medical marijuana card means you lose custody of your minor children. Thankfully, the answer is NO!
Medical Marijuana became legal here in Oklahoma just a few short years ago. While using marijuana without proper licensure is still illegal, patients shall not be punished simply for having a medical card when it comes to child custody and visitation. Oklahoma Statute 63 O.S. §425(D) states,
What does this really mean? This means that just because you have a medical marijuana card does not automatically mean you lose custody or visitation with your minor children. This also means that the decision is up to the Judge. Many interchange “custody” and “visitation”, but here in Oklahoma, custody means the legal right to parent your child while visitation means spending time with your minor children.
Prior to medical marijuana legalization, or while using marijuana without proper licensure, marijuana use was viewed by the court as drug use which made one incapable of parenting their children. Such is no longer the case, in most jurisdictions anyway.
During a divorce or paternity action, the judge has a duty to make decisions in the best interest of the minor children. Such is clearly stated in the statute above, as the last portion states “…unless the behavior of the medical marijuana patient licensee creates an unreasonable danger to the safety of the minor child.”
While the law states that there is not a presumption, the judge can decide that the medical marijuana user be denied custody and or visitation with the minor child. The judge still has the job of doing what is in the best interest of the minor child based on the evidence regardless of licensure.
Again, the use of medical marijuana without proper licensure is still illegal in the State of Oklahoma and is viewed as such in family law matters.
For questions or more info email: Jade@BICLegal.com
