Pubdate: Sun, 27 Apr 2014
Source: Las Vegas Sun (NV)
Copyright: 2014 Las Vegas Sun, Inc
Contact:  http://www.lasvegassun.com/
Details: http://www.mapinc.org/media/234
Author: Ana Ley
Page: 1

POT CAN BE A PROBLEM IN CUSTODY CASES

Despite Medical Marijuana Cards, Judges Have Discretion

As Southern Nevada readies for expanded access to medical marijuana -
and an anticipated avalanche of people seeking access to it - legal
experts have a warning for parents: One of the drug's myriad effects
is its heavy sway on some child-custody battles.

Judges have broad discretion in custodial cases, Las Vegas family law
attorney Stacy Rocheleau said, and their personal philosophies about
marijuana use can affect each ruling.

That means medical marijuana cardholders with children should
scrutinize the reasons they're using the drug and the frequency with
which they do it, Rocheleau said.

Rocheleau chatted with the Sun recently about the topic and offered
some tips for parents who use or are thinking about using medical marijuana.

How does medical marijuana use impact child-custody
cases?

Judges have a lot of discretion in any case where there are children
involved - they're going to look at the mental and physical case of a
parent who has a medical marijuana card.

What gave rise to having to get one? What's the dose? And how impaired
are they by taking the drug? Those are some of the factors.

It's just like any other drug - if it impairs the parent in any way,
it can affect the child. Parents might need to have a supervised visitation.

You've got a judge who's got a lot of discretion, and you've got some
people with legitimate diseases.

If marijuana is legal, what's the big deal?

It's a pretty big deal, and it's something that we're preparing for by
making our clients aware that they need to be honest with us. The
judges will send them out right away and tell them they're not allowed
to have any visitation if mandatory tests come back dirty.

It's a really tough issue. I think the purpose, overall, of medical
marijuana is to legalize a certain amount so that you can escape
criminal liability. That's really what it was designed for - yes,
you're not going to be charged criminally and now you're allowed by
law to use this. Before it was illegal, and now it's not. But you can
still be an unfit parent.

It's going to be a really interesting issue as it develops and
marijuana becomes more mainstream. I don't know that everyone who can
benefit from medical marijuana is using it for good or has taken
advantage of it.

What advice do you have for parents who either use medical marijuana
or plan to use it?

Have a good, bona fide doctor treating you for a real disease that you
need the drug for.

I don't know if people are just going to expect to get a card for
recreational use. If that's what you're doing, then don't expect to
have custody of your kids. You're either going to choose your kids or
choose marijuana.

Ask yourself: Are you on the right dose? How much are you using it,
and how is it being ingested? Are you smoking it, eating it?

I would tell people to treat (medical marijuana prescription) cards
very carefully - it's not your golden ticket.

Can judges tell if someone is using medical marijuana
recreationally?

There are potential abuses within the system, and judges are really
going to be ferreting out suspicious cases.

Don't think that just because you have a card, you can smoke marijuana
and have custody of your kids. It's just not that easy.

It's still a process, and judges are going to be looking at parents
very carefully because there are children involved. If they even think
someone got a card with an illegitimate doctor and they think someone
is using marijuana to get high, they'll rule against someone. These
judges are smart.

Have you personally encountered any cases of abuse?

We've had people before who have tested dirty, and they'll say they
have a card but then they never show it. Or they'll try to get a card
after the fact. That might make it OK for the police, but it's not OK
for the family court judge.

It's like alcohol. If you're drunk every day, you should not be around
your children.

I think that's what people are kind of missing. They think that
because it's legal, it's OK. There are a lot of things out there that
are legal but not OK.

That's the standard: What is in the best interest of your kids?
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