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Courts taking kids for parents use of Medical Marijuana

September 27, 2011

Amid the flurry of accusations in child custody disputes, allegations of marijuana use rank high on the list. Until recent years, the court’s position on this subject was easy to predict since judges and child custody evaluators maintained a zero tolerance policy toward smoking pot. In child custody cases within the greater Denver area, attorneys routinely admonished our clients that even if you’re smoking only when the kids are with the other parent, enjoying a Rocky Mountain high is illegal, ill-advised and potentially devastating to your parenting time request. In court, when one parent cried marijuana, the other parent was ordered to a drug testing facility for a hair follicle test or random urinalysis. If the offending parent flunked the drug test, the next visit with their ten year old just might be under the supervision of a local agency.

Comment. The parent can be on ambien, anti-psychotics, pain killers, muscle relaxers, alcohol, drunk, but can’t smoke weed. You’ve got to be kidding. Who is paying for these supervised visits? Answer: Taxpayers.

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