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How Marijuana (Cannabis) Can Affect Child Custody in NJ

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Jun 27, 2022

How Marijuana (Cannabis) Can Affect Child Custody in NJ

How Marijuana (Cannabis) Can Affect Child Custody in NJ


On April 21st this year, New Jersey began the legal sale of recreational marijuana. They wanted to avoid April 20th, the date on which the drug has been celebrated annually.

For those who smoke marijuana, April 2oth is a day to celebrate the liberalization and legalization of cannabis. It all began in 2016 when five students at San Rafael High School in California started to meet at 4:20 pm daily to smoke marijuana which was illegal then. By 1990 people began spreading the word about this 2016 ritual, inviting people to smoke. The day was now called “420” and has become an iconic piece of American culture.

So, NJ legalized marijuana on April 21st to avoid a “420” celebration which could have potentially led to a mad rush and logistical nightmare.

However, the state’s 13 dispensaries still had to deal with those of legal age flocking to their locations. Were you one of them? Or are you now a regular customer?

If so, and you’re currently involved in a child custody case, there are a few things you need to know.

The court has specific views on recreational drug use and child custody. This also includes the use of alternative forms of marijuana, such as CBD oil.

Continue to read to learn more about how legal marijuana impacts child custody.


Recreational Drug Use and Child Custody


Recreational drug use denotes the taking of any psychoactive substance for non-medical reasons. This can include enjoyment, pleasure, or leisure. Although this is legal in some cases under NJ laws, it can still hurt your child custody case or visitation.

The court will use one guiding parameter – what’s in the child’s best interest. They will consider certain factors, including:

  • Your child’s age
  • If you use marijuana in the presence of your child
  • The frequency of use
  • If your child has access to your marijuana

They will also determine if your use affects your child’s mental or physical well-being. This can extend to your child’s discipline, education, and social interactions.


CBD Oil and Child Custody


Many people use CBD oil to alleviate specific health problems, which can include:

Despite these benefits, the court will still determine how using these forms affects the child.


How Legal Marijuana Impacts Child Custody


Legalization hasn’t made marijuana use more acceptable in child custody cases. That’s because substance abuse is also possible with legal drugs. This can include alcohol, prescriptions, and even marijuana for medical purposes.

However, the court will look at each situation on a case-by-case basis. Once a parent’s use affects the child, the court will do whatever is in its power to protect the minor.


The Law and Child Custody


Recreational drug use and child custody may seem confusing. You may think it shouldn’t impact your case if you’re using a substance considered legal in the state. However, the court may see it differently, mainly if your use affects your child.

This is also the case regarding CBD oil and child custody. If you’re in doubt, you’ll need to have all the facts on how legal marijuana impacts child custody. One way to do this is to hire a reputable family law attorney who can look after your interests.

Dalena & Bosch can. We specialize in family law and can guide you through the child custody process and what can impact it. So please take a deep breath, relax and contact us for help. We are here for you! Schedule a consultation today!

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