Like with the use of any various other prescription medications, a parent who uses medical marijuana can be not disqualified coming from custody in a family court according to the Michigan Attorney General. If the pot-medicating parent, however, exhibits behavior which can be unreasonably dangerous to a minor child, the immunity provided by the Michigan Medical Marijuana Act [MMMA] may not be available.
Attorney General Bill Schuette was asked for an advisory opinion by State Senator Rick Jones (R-Grand Ledge) on the issue of whether the MMMA can be invoked by a parent who can be the subject of a child protective proceeding, in addition to what constitutes behavior creating an unreasonable danger for a minor child.
In a well-crafted 17-page opinion, the AG zeroed-in on the specific provision of the Act dealing with pot in addition to children, in addition to noting the exception to which provision. Section 4(c) of the MMA states:
A person shall not be denied custody or visitation of a minor for acting in accordance with This particular Act, unless the person’s behavior can be such which This particular creates an unreasonable danger to the minor which can be clearly articulated in addition to substantiated.
As for what type of pot-related behavior constitutes the creation of such an unreasonable danger, the Act does not say. According to the Attorney General, an individual assessment could need to take the specific circumstances of the parent in addition to child into account. Certainly, things like substance abuse in addition to addiction are legitimate inquiries relative to a juvenile protective or custody proceeding. The MMA will not provide immunity in a family court coming from taking such things into account.
AG Schuette opined, “the medical use of marihuana alone does not create an unreasonable danger to a child.” Schuette cautioned from the opinion, however, which if a parent’s use of marijuana negatively impacts which parent’s ability to properly care for a child, This particular could be part of the overall custody assessment.
Germane to a custody investigation can be whether the parent, while high, can be sufficiently functional in addition to therefore capable of parenting a minor; the child’s age can be an important factor; whether, once high, the parent can drive the child to safety if an emergency arises; in addition to does the child have asthma which could be affected by second-hand marijuana smoke.
These are a few of the concerns we conjured up over here at the electronic divorce lawyer. The best course of action, we think, can be not to get high, or take various other mood altering substances, around your children.