Since marijuana was legalized in Maryland, the courts have had to consider the use of marijuana and its potential effects on a child in a child custody case.
Here is an overview of the laws behind marijuana in Maryland, and what to consider if you and/or your ex use marijuana and are involved in a child custody case.
The Law in Maryland
As of July 1, 2023, recreational marijuana use is legal for adults age 21 and older in Maryland. Adults may legally possess up to 1.5 ounces of cannabis, 12 grams of concentrated cannabis, or cannabis products containing up to 750 milligrams of THC.
Possession of amounts above the legal limit may still result in civil or criminal penalties depending on the quantity. Additionally, the public use of marijuana remains prohibited, and driving under the influence of cannabis is illegal.
Maryland also maintains a medical cannabis program. Qualified patients with certain chronic or debilitating medical conditions may obtain medical cannabis with certification from a licensed healthcare provider. Registered patients may purchase cannabis from state-licensed dispensaries.
While marijuana is now legal in certain circumstances, its use can still become a relevant factor in child custody cases. Maryland courts focus on the best interests of the child, and a parent’s marijuana use may be considered if it affects parenting ability, child safety, or the stability of the home environment.
Marijuana and Child Custody Cases
The decriminalization of marijuana, as well as the legalization of medical marijuana, are less than 10 years old in the state of Maryland. As a result, the use of marijuana in child custody cases may lead to varying results.
All child custody determinations are made considering the best interest of the child. When it comes to marijuana and child custody, there are some important questions to consider:
- How does the parent’s use of the substance impact their ability to parent?
- Is the substance out of reach of the child?
- How long has the parent been using that substance?
- Is there a known substance abuse past?
- Is the parent taking the substance responsibly and as prescribed?
These questions will help determine whether the parent’s use of marijuana will negatively impact the child.
Since custody cases are very fact-specific, it is important to be honest with a family law attorney about your use. Your family law attorney can analyze the facts and advocate for a favorable outcome on your behalf.
edited to reflect the updated marijuana laws as of July 2023.