Medical Marijuana Weighing on Child Custody Disputes - NBC Bay Area

Medical Marijuana Weighing on Child Custody Disputes

A doctor's recommendation not always judged fairly



    Better Sleep = Better Grades
    Getty Images
    Having a prescription for high-test painkillers wouldn't be a reason to get your kids taken away, so why is pot?

    The rocky road to legitimizing the use of cannabis, both medically and recreationally, has hit some bumps in an interesting legal stretch -- family law courts.

    Americans for Safe Access, a California-based organization advocating for reform of drug laws, told the Associated Press that since 2006 is has received 61 complaints from people facing the loss of child custody because of medical marijuana use.

    Sadly, parents and guardians seeking custody have a pretty good case -- because possession, consumption or cultivation marijuana in any form or for any reason is still illegal under federal law.

    And parents or guardians who are arrested by federal officials don't just face jail time, but asset seizure, which might include their home.

    In Washington state, where the medical marijuana law dictates that users shouldn't face penalties or be denied rights, however courts have denied custody to parents who have complied with the law.

    Jackson West would never, ever want to be any party in a child custody case.