The short answer is “YES”.
The Michigan Medical Marijuana Act (MMMA) passed in 2008 addressed this issue, providing:
“A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated”.
When the voters of Michigan passed Proposition 1 in 2018 making it legal to use marijuana recreationally, the MMMA language was also adopted, providing:
“A person shall not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor child that can be clearly articulated and substantiated”.
Thus, under both laws, custody or parenting time (visitation) CAN be affected if the use of marijuana “creates an unreasonable danger to the minor child”.
When a custody or parenting time determination is made, the Court must determine what is in the “best interests” of the minor child.
While appellate courts have not yet provided us any insight as to what constitutes “an unreasonable danger to the minor child under these laws”, family law practioners have for years argued that another “legal” substance, alcohol, does, in certain situations, pose an unreasonable danger to minor children, and Courts have often used this fact in making custody and parenting time determinations.
If you choose to use marijuana and are involved in a custody and/or parenting time situation, use common sense, including the following guidelines:
WORDS TO THE WISE
- Don’t smoke or consume marijuana in your child’s presence
- If you are not using marijuana for pain management, don’t use marijuana when you have the children for parenting time
- If using marijuana for pain management, use the smallest amount possible
- Don’t use marijuana if you will later be under the influence while driving your child in a vehicle
- Store all marijuana, including edibles, in a locked safe, away from your child
- Avoid public intoxication of any substance, including marijuana or alcohol, even amongst friends, regardless if your children are present
If you have any questions about the use of marijuana can affect your rights to custody or parenting time in Michigan, contact attorney LORAINE R. KUHN at (248) 862-3933.
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