Washington state legalized recreational marijuana in 2012 with the passage of Initiative 502. However, legal marijuana use can still affect child custody cases.
Though Washington and an increasing number of other states now consider marijuana legal, under federal law it still falls in the same category as heroin, LSD, and other Schedule 1 drugs. While this shouldn’t directly impact your custody case, it speaks to the stigma attached to the substance.
How Does Marijuana Use Impact Custody?
Washington courts prioritize children’s best interests, above all else, when making custody decisions. Like alcohol, marijuana becomes a custody issue when its use negatively affects parenting or endangers a child.
For example, if a parent is too intoxicated to handle an emergency, watch young children, or drive them somewhere safely, that raises concerns about their ability to care for their kids.
Ultimately, the issue isn’t necessarily whether a parent uses marijuana, but whether that use compromises their ability to provide a safe, stable environment for their children.
In contested custody cases, one parent may raise the other’s marijuana use as evidence of poor judgment or unsafe parenting.
The court considers the circumstances: How often does the parent use marijuana? Does it affect their behavior? Are the children exposed to unsafe conditions?
Related Reading: Guardian Ad Litem: What You Need to Know
How Can You Protect Your Custody Rights?
If you legally use marijuana, common-sense precautions can help protect your children and your parenting rights.
- Keep marijuana, edibles, and related products securely stored and out of children’s reach.
- Avoid smoking or vaping around children.
- Never drive impaired, especially with children in the car.
- Don’t use marijuana when it could interfere with supervising or caring for your children.
- Avoid exposing children to marijuana use or unsafe environments.
- Being responsible is key. Just because marijuana is legal doesn’t mean concerns can’t be raised in court.
Related Reading: The Importance of Jurisdiction in Child Custody Cases
What About Vaping and Edibles?
The same basic considerations apply, whether you smoke, vape, or consume edibles. There’s a debate about the relative safety of vaping as opposed to smoking, but for our purposes, let’s focus more on how it impacts child custody.
Courts generally focus less on how marijuana is consumed and more on whether its use affects your ability to parent safely.
Smoking and vaping around children raise health concerns, while improperly stored edibles pose ingestion risks. Gummies, chocolates, and candies look a lot like something you can buy at the grocery store.
Can Marijuana Use Cost You Custody?
Potentially, but legal use alone does not automatically make someone an unfit parent.
Like alcohol, marijuana becomes a custody issue when its use negatively affects parenting or endangers a child.
Related Reading: What Does a Parenting Plan Include?