Marijuana & Child Custody: Can I Use CBD & Recreational Marijuana?

Parents often want to know if CBD products and recreational marijuana make a difference when it comes to child custody. You may wonder, If the other parent uses marijuana, can I get custody? On the other hand, If I use marijuana, am I prohibited from winning custody of my child?

Here is what Nevada law has to say about child custody and the use of CBD products and marijuana, explained by our Las Vegas family law attorneys.

Does Marijuana Impact Child Custody in Nevada?

Yes, marijuana can impact child custody in Nevada. No law expressly prohibits a parent who smokes marijuana from having custody of a child. However, no law prohibits the court from considering the impact of the use of marijuana on the best interests of the child. Therefore, the use of marijuana is one factor that the court may consider when it determines appropriate child custody in Nevada.

Can You Use CBD Products and Have Child Custody?

Yes, it is possible to use CBD products and have child custody. The use of CBD products may impact the court’s determination of custody for a child if the parent’s use impacts the child’s best interests. It’s not enough that a parent simply uses a product; their use must be impactful enough to change the best interests of the child. Any relevant factors may be considered when the court determines what is important when it comes to child custody.

What Are Nevada Child Custody Marijuana Laws?

Nevada child custody marijuana laws are a part of the general child custody laws found in Nevada Revised Statutes Chapter 125C 1. The laws cover a variety of topics that are relevant to marijuana use among parents, including:

  • Rev. Stat. 125C.00152 – Parents have a presumption of custody. The law presumes that parents are the best and most appropriate caregivers for their children. There is no exception when a parent uses marijuana. Both parents have a natural interest in being a parent to their child.
  • Rev. Stat. 125C.0023 A parent has a presumption of joint custody if they have attempted to have a meaningful relationship with their child. Nevada law presumes that both parents may share in parenting rights as long as they each individually have made an effort to have a relationship with the child in the time leading up to the custody order. A parent who uses marijuana still enjoys this presumption, although they must overcome any suggestions that marijuana use is harmful to the child.
  • Nev Rev. Stat. 125C.00354 – The court may consider marijuana use in a custody determination to the extent that it impacts what’s best for the child. The court looks at a variety of factors to determine how to apportion custody between parents. Among the factors they consider are the mental and physical health of the parent, parental history of abuse or neglect and the needs of the child. If marijuana use impacts a child’s best interests, the court may fashion a custody arrangement that reflects the circumstances.

What To Know About Marijuana Use and Child Custody

On the surface, marijuana use doesn’t impact child custody.

With the legalization of marijuana use in Nevada and other states, courts have generally come to view marijuana use like any other legal substance. Consider alcohol use or cigarette smoking, for example. It may not be ideal for a parent to use these substances. The scientific community generally agrees that there may be adverse effects that result.

However, a person can use these substances and adequately meet a child’s needs. Without a sign that it’s harmful to the child, the use of alcohol or cigarettes may not be that significant in the big picture, especially since the court presumes that a child should have a strong relationship with both parents. The same is true with marijuana. Most courts don’t automatically disqualify a parent or even think less of them because of marijuana or CBD use alone.

Misuse of marijuana can impact child custody.

Even though the general rule is that marijuana use isn’t a disqualifier for parental fitness, there may be circumstances where a parent’s use or possession of marijuana can change a child’s best interests. An example may be where a child is exposed to second-hand smoke. If the child has access to the marijuana to consume, that may also be problematic. Likewise, if a parent cannot meet the child’s needs because of substance use, that too may come into play when it comes to a child custody determination.

The use of marijuana is only one factor that impacts child custody.

Ultimately, there is no way to determine exactly how a court may treat marijuana use when it comes to child custody. The parent’s use may be the deciding factor. However, there may be other factors that render the issue less significant. The judge’s personal philosophies on the subject may come into play. There is no way to know precisely how to evaluate the totality of the circumstances and how the court will weigh it. An experienced attorney can give you informed guidance about the range of possible and likely outcomes in your case.

The parent must present evidence of the full picture to the court.

A custody hearing is an adversarial proceeding. It’s up to the parent to provide the court with the information that the court needs to know to make the correct determination. If you want the court to understand how a parent’s marijuana use impacts the children, you must be prepared to both provide evidence of the parent’s use and explain how it is relevant.

Will another parent’s marijuana use lead to teen drug use?

If, on the other hand, you are a capable parent who uses marijuana, it’s important to demonstrate all relevant factors to the court and counter any misinformation presented by the other parent. Your attorney can assist you with gathering and effectively presenting evidence.

Las Vegas Attorneys for Child Custody and Marijuana Use

Do you have a child custody case that involves marijuana use? Contact our Nevada attorneys for child custody to talk about your case. All consultations are free and confidential.

Legal References:

1 NRS-125C

2 NRS-125C.0015

3 NRS-125C.002

4 NRS-125C.0035


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