Family Law Blog

Legalization of Medical Marijuana Causes Waves in Colorado Child Custody Disputes

By Denver Divorce Lawyer on September 30, 2011

Accusations of drug use, specifically marijuana use, are common allegations in child custody disputes, according to The Huffington Post. Prior to the legalization of medical marijuana, Colorado child custody disputes arising out of accusations of marijuana use were easily handled by the courts as there was a strict zero tolerance policy towards smoking marijuana.

In the greater Denver, Colorado area, many lawyers routinely warned clients that even smoking marijuana when they weren’t with the child could adversely affect their Colorado parenting time request. The typical process after one parent accused another of marijuana use involved court ordered drug testing, which, if the parent failed, would result in supervised parenting time. These practices no longer apply after the legalization and regulation of medical marijuana.

Amendment 20 constitutionally recognized medical marijuana as a legal practice in Colorado. Since then, the Denver/Boulder area has seen a great many medical marijuana dispensaries pop up. Denver medical marijuana dispensaries exceed Starbucks locations and more than 120,000 people statewide have licenses to smoke medical marijuana. There are even edible options for those whose lungs are irritated by the smoke. The medical marijuana trend now poses many questions: What if one parent accuses the other of smoking marijuana but they have a license? Is a parent allowed to “take their medication” during or before visitation? If a parent is found to be a marijuana user, is that enough to order supervised parenting time?

The answers to these questions will not be found overnight; however, Colorado courts have answered the last question. In a 2010 Colorado divorce case, the father was required to continuously subject himself to urinary analyses to prove that he did not revert to marijuana use as part of the ex-couple’s parenting plan, which also included supervised visits. Soon after the divorce, the father got a medical marijuana license. After some back and forth regarding motions filed by the father and mother, the Colorado Court of Appeals made the decision that without specific findings that the father’s conduct impaired the child’s emotional development or endangered him or her physically, the court could not require supervised parenting time.

State laws are in a constant state of evolution and each law affects many others. At Kaplan Law, LLC, our knowledgeable Denver child custody attorneys make a point of understanding the effects of state laws on the divorce and child custody process. If you are considering divorce or have concerns regarding child custody in Colorado, contact one of our lawyers today for a consultation at 303-458-5500.