New Jersey residents have voted to legalize recreational cannabis use, which that could have a bearing on many family law situations. Smoking marijuana could actually affect a child custody outcome in New Jersey. Some may be wondering how that would be possible if users can buy their bud at a legal dispensary. This is where state and federal laws are at odds.
Even though adults in New Jersey will soon be able to buy marijuana legally, it is still a Schedule I illegal drug federally. Plus, legal or not, a parent’s drug and/or alcohol use can play into a custody hearing, especially if the parent is known to have a problem with overuse. This can also apply to prescription medications as well.
The parent in question could say he or she never uses pot in front of the children and only for relaxation purposes, but there are no tests available to ascertain whether that is the case since no test shows if a person is under the influence of marijuana when actually tested. However, pot does linger in the body for quite some time and could work against a person who is seeking custody of the children.
The last thing a parents wants is for marijuana use to be used as evidence in a child custody case. A parent who uses cannabis and who is seeking custody should stop smoking or using marijuana to detox long before a custody hearing. A family law attorney in New Jersey may be able to provide guidance and advice in these types of situations.