POT CLOUDS CUSTODY BATTLES

Medical Marijuana Can Lead to Problems in Custody Cases

Medical marijuana is a hot topic in the news. People are always
hearing about whether it should be legalized in more states or if the
legalization should be revoked. There is a side effect from the use of
medical marijuana that people are not aware of. Medical marijuana use
is viewed negatively in courtrooms during custody battles.

Nicholas Pouch of southwest Washington runs an organic farm and
glassblowing studio. In 2007, Pouch's former partner tipped off a drug
task force who raided his property, according to The Oregonian.

The criminal charges were dropped, but his former partner still cited
the incident in an effort to win custody over their two boys. Pouch
has only been able to see his children under supervised visits twice a
month at a neutral house in Olympia.

Pouch uses medical marijuana to treat pain from Carpal Tunnel Syndrome
aggravated by glassblowing, and a shoulder that frequently pops out of
its socket.

Pouch is in complete accordance with the law. According to several
states' laws, including Washington's, complying patients "shall not be
penalized in any manner, or denied any right or privilege." If this
were held to be true in Washington, Pouch's former partner would not
have been able to cite his medical marijuana use in a custody battle.

An appeals court in Colorado last month ruled that medical marijuana
use is not necessarily a reason to restrict a parent's visitation.
Clearly that is not the case in Washington.

If there is no evidence of abusing their legal right to use medical
marijuana, then they should not lose custody or visitation rights of
their children. Since when does abiding by the law make someone an
unfit parent?

The Marijuana Policy Project notes that in Michigan and Maine, two of
the 14 states with medical marijuana laws, patients won't lose custody
or visitation rights unless the patient's actions endanger the child
or are contrary to the child's best interests.

Every case is different. People cite psychological disorders in an
effort to win custody, saying that the opposing party is unstable. It
is rare to see someone use the medicine people are taking to remedy
those disorders in custody cases.

People who use medical marijuana, like Pouch, are using it to control
and manage their pain. If it is legal in their state, why are they out
of line? Is it harder for medical marijuana patients to measure the
intake of pot than for someone with bipolar disorder to measure their
medicine intake?

Seattle lawyer Sharon Blackford has said that urine tests can be an
effective way of measuring how much marijuana a patient is using to
help determine whether they are abusing it or if they are under too
much of an influence to provide for their children.

Ultimately, each case is different. In this specific Washington case,
the court should have looked at all of the facts instead of condoning
a woman for tipping off a drug task force to medical marijuana. If the
criminal charges were dropped, it should have had no place in the
custody case. Pouch should not be punished for abiding by the law.

Medical marijuana should not be a deciding factor in custody cases. In
fact, it should not even be cited as a negative effect in custody
cases unless there is evidence of abuse. If no such evidence exists,
then the point is moot.