Can Legally Smoking Weed Affect My Rights to See My Child in Illinois? 

 Posted on February 25, 2022 in Family Law Blog

Marijuana is now readily available to residents of Illinois. Coming in the form of vape pens, hard candies, chocolates, and traditional herb, marijuana products are easy to use with very little thought as to whether there may be negative consequences to this change in policy. While marijuana is often marketed as a sort of panacea for illness, pain, and other ailments, like all intoxicating substances, marijuana use can have negative side effects for its users. Additionally, just because marijuana is legal does not mean that parents in Illinois have free reign to use it in ways that could interfere with their parenting. If you are wondering whether your marijuana use could be used against you in a divorce or child custody dispute, read on. 

Marijuana Use And Parenting Time

The Illinois Cannabis Regulation and Tax Act prohibits marijuana use, in and of itself, to be used against a parent in a dispute about parenting time or parental responsibilities. Like alcohol, responsible marijuana use is legal and does not present a threat to a parent’s ability to parent well or make responsible decisions on behalf of their child. 

But irresponsible marijuana use can certainly be used against a parent whose cannabis habits prevent them from appropriately caring for their child. Just like any other drug, using cannabis when children are around, allowing cannabis use to cause a parent to be less alert or responsive, or driving under the influence of cannabis can cause a court to question parental fitness. 

Even the most responsible parents must exercise caution to ensure that children do not accidentally access cannabis that comes in appealing treats. Marijuana and alcohol should be kept in a secure location that cannot be accessed by children. 

Heavy Marijuana Use and Psychotic Disorders

Contrary to the popular notion that marijuana can calm anxiety, research suggests that marijuana use is a known risk factor for schizophrenia and other serious psychoses. Whether marijuana causes psychosis or merely contributes to a tendency that already existed in a particular individual remains to be seen. However, commercially available cannabis is significantly more potent than it has been in the past, which may heighten its psychotic effects, and for parents who struggle with certain mental illnesses, the most responsible use of marijuana may be to stay away from it altogether. 

Meet with a Lombard, IL Parental Rights Lawyer 

While marijuana and alcohol are legal substances in Illinois, parents must still exercise caution and restraint when using them when young children live at home. If you need help advocating for your parental rights, consider working with the experienced Lombard family law attorneys at A. Traub & Associates. We advocate assertively on behalf of our clients to preserve their legal parent-child relationship. Schedule a consultation by calling us today at 630-426-0196. 

Sources: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1937&ChapterID=53 

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3927252/