I am a legal medical marijuana user. My two oldest kids are in their grandparents' custody (long story but not marijuana-related). It has come to their attention that I have my medical marijuana license and they are now refusing to allow me any sort of unsupervised visitation, even though I have a court order granting me 1 weekend visit a month. How do I defend myself and my use? I am accused of using in front of my children, which is untrue. How to I show that my use is ok?? PLEASE HELP!!!
How to defend my legal use in family court
- Thread starter abaylon
- Start date
bsemaj
New Member
girlfriday
New Member
I live in a different country but work in the area of supervising court ordered contact between parents and kids.
If it is court ordered then they technically have to provide the children to you one weekend a month. You can take them back to court as they are breaching the orders. They will probably bring up the smoking and use it as "proof" that you are 'unfit' to properly supervise them. How often do you smoke? I'm not sure what the laws are around medical (here it is just outright illegal - no medical allowances) however if you do not smoke around your kids and can go without smoking a few days before and during their visit you can always submit to voluntary drug testing to prove to the court that you would be fit to take care of them unsupervised for the weekend if it was raised as an issue.
Good luck with it all. Keep us updated - would love to know how you go!!
If it is court ordered then they technically have to provide the children to you one weekend a month. You can take them back to court as they are breaching the orders. They will probably bring up the smoking and use it as "proof" that you are 'unfit' to properly supervise them. How often do you smoke? I'm not sure what the laws are around medical (here it is just outright illegal - no medical allowances) however if you do not smoke around your kids and can go without smoking a few days before and during their visit you can always submit to voluntary drug testing to prove to the court that you would be fit to take care of them unsupervised for the weekend if it was raised as an issue.
Good luck with it all. Keep us updated - would love to know how you go!!
McCrackin
New Member
I have been present in Shasta Family Court when the issue of 215 was brought up and it basically stopped the judge flat... Ok course it was because of a fail drug test but hey, you take the test, be prepared to fail...
ElusiveQuark
New Member
The following opinion seems to be an inevitable conclusion to your situation and you should not flinch from unabashedly defending your right to good health.
You don't have to defend your legal use. Any attempt to raise the issue should be met with an objection or Motion in Limine to exclude the evidence. By itself, the use of prescribed medication in front of your children is not a proper factor to be considered by the court. An exception may exist if they can show clear and immediate harm will result to children due to your use of MMJ. That would require testimony by expert(s). Someone's opinion is insufficient and cannot be given greater weight than that of treating dr. Mere proof of existence of presription creates presumption of legitemacy and some offer of proof would need to be made to even raise issue in discovery.
You don't have to defend your legal use. Any attempt to raise the issue should be met with an objection or Motion in Limine to exclude the evidence. By itself, the use of prescribed medication in front of your children is not a proper factor to be considered by the court. An exception may exist if they can show clear and immediate harm will result to children due to your use of MMJ. That would require testimony by expert(s). Someone's opinion is insufficient and cannot be given greater weight than that of treating dr. Mere proof of existence of presription creates presumption of legitemacy and some offer of proof would need to be made to even raise issue in discovery.
