Medical marijuana and parental rights
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Medical marijuana and parental rights

LEGAL MEDICAL MARIJUANA AND PARENTAL RIGHTS

No one might have thought to ask the question posed by medical marijuana and parental rights years ago. Marijuana use for medical conditions wasn’t legal in RI until 2006, so the answer then was an easy yes. But even though the state’s has a medical marijuana law on the books, the answer is still not as clear as it could be.

Current law specifies under what conditions allow medical marijuana use. If medically eligible, patients facing criminal charges can ask to dismiss charges.

However, no such language protects parents facing the same medical marijuana and parental rights issue in child custody disputes.

UNINTENDED LEGAL CONSEQUENCES

According to one count, there are now around 13,000 people in Rhode Island eligible for medical marijuana treatment. Certainly, some parents make up at least some proportion of that number.

Legal observers might agree that it is odd that if married parents make up some of those users, no regulations apply about how and when they can take their medication. However, if they are not married, courts might exercise some authority over the users as part of their obligation to watch out for the best interests of children.

That happened in one case several years ago. A family court judge heard a petition from a mother concerned about her children’s welfare while they were in the hands of their medical marijuana-using father. The judge ordered the father to abstain from treatment 24 hours before visits with the children.

ISSUES REMAIN FOR MEDICAL MARIJUANA AND PARENTAL RIGHTS

Some lawmakers acknowledge that some clarification of the medical marijuana law needs work. Specifically, they need to address how it applies to such matters as child custody and visitation. However, they have taken no action at this point, so questions remain.  And as a result, it ends up being in the hands of the courts to make calls on a case by case basis.

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Don Moyer is a Rhode Island attorney who focuses his practice on family and divorce law. He obtained his legal education at Roger Williams University School of Law. Don’s undergraduate degree is in Finance and Business Administration. His finance degree is a critical benefit to clients litigating any issues relating to real estate, retirement division, hidden assets, support, or any variety of other financial issues.

Don also spent a number of years in the U.S. Army Infantry, including spending a year in the Bosnia, Croatia, Hungary region of Europe in a special operations unit in the immediate aftermath of the Bosnian conflict in 1996-97.

Don has over 21 years of experience litigating and mediating divorce and family law cases in Rhode Island.

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