Medical Marihuana, Custody and Parenting Time in Michigan

michigan-medical-marijuana-300×260.jpgIn November 2008, the State of Michigan passed a law that allowed the use of “Medical Marihuana”.  A link the the law can be found on the Michigan Leglislature’s Website.  The Medical Marihuana law allows for Michigan doctors to prescribe and patients to use Marihuana for theraputic usage.  

In the past, if a parent were a user of the illegal substance marihuana their parenting time could be serverly limited.  However, now the question becomes how a court would address parenting time if a parent is legally prescribed marihuana.

Well, it should be treated as any other legally prescribed mediation, like vicodin or oxycotin.  If a parent is taking the medicine at it’s theraputically prescribed usage level, then a judge in Michigan should not use the fact that a parent is prescribed marijuana as the a reason to limit his or her parenting time.

Certainly, a judge in Michigan is always required to evaluate the best interest factors when evaluating custody and parenting time in Michigan.  So, if it can be proven that a parent is not able to parent a child due to their medical condition, or due to the fact they are impaired during their parenting time due to their medication then a court can use those issues in evaluating a parties’ parenting time or custody.

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