Can My Legal Marijuana Use Impact Parenting Time?

 Posted on March 04, 2020 in Child Custody

When it comes to child custody, the court has one goal: to protect the child’s best interests. To do this, there are a variety of factors that are considered when allocating parenting time and decision-making responsibilities. Some of these factors include things such as the level of cooperation between the spouses, the child’s adjustment to their home, school, and community, and even the stability of each parent and their ability to facilitate a loving relationship with the other parent. Another factor that has come up in Illinois courts more recently is whether or not a parent’s legal marijuana usage can (or should) affect that parent’s child custody rights.

The Legality of Marijuana in Illinois

Prior to the beginning of 2020, marijuana use was only legal for registered medical marijuana patients. On January 1, 2020, recreational marijuana became legal in the state of Illinois. Under the new law, adults who are over the age of 21 are permitted to purchase and consume marijuana legally. Even though many states have decriminalized or legalized marijuana, the drug still remains illegal under federal law.

Marijuana Usage and Parenting Time

Within the Cannabis Regulation and Tax Act, the act that legalized and decriminalized marijuana in Illinois, there is a section entitled “Discrimination Prohibited.” This section specifically states that parents, legal guardians, or any other person who is responsible for the welfare of a child cannot be discriminated against because of their lawful use of marijuana or cannabis products. This means a court cannot limit your parenting time or decision-making responsibilities because of marijuana usage, as long as you use it in a lawful and responsible manner.

If your co-parent expresses concern about your marijuana usage, the court will look at the situation in the same way alcohol usage is examined. In other words, as long as the use does not interfere with your parenting and the well-being of your children, it typically will not result in the restriction of your parenting time or decision-making responsibilities. However, the court may decide to intervene if it is found that you:

• Have been charged with a marijuana-related DUI

• Are under the influence of cannabis during your parenting time

• Use marijuana around your children

• Fail to keep your children from accessing your marijuana

Concerned About Your Parental Rights? Call Our Wheaton Parenting Time Lawyers

Even though marijuana usage is legal in Illinois, it can still be a factor that affects your divorce and decisions about child custody. If you are concerned about how your parenting time could be affected by your marijuana usage, you should contact a skilled Wheaton, IL family law attorney. At the Goostree Law Group, we are dedicated to helping you settle any issues that may arise during your divorce, including child custody disputes. To schedule a free consultation, call our office today at 630-364-4046.

Sources:

https://www.illinoistimes.com/springfield/legal-marijuana-can-still-get-you-in-trouble/Content?oid=11454068

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000