Colorado has long been progressive in its views on medical marijuana (and now, even recreational use of the drug). However, that doesn’t necessarily mean that the family court system has caught up with the times.

Medical marijuana and recreational use of marijuana can become an issue in your child custody case once you divorce. If you use the drug recreationally, it’s easy enough to quit and make it a non-issue in your case. If you need the drug for medical purposes, however, that might not be a viable option. In fact, you could put yourself in a worse position.

For example, if you use medical marijuana to help control chronic pain and muscle spasms caused by psoriatic arthritis, your only other option may be to use prescription narcotics — which have the potential (unlike marijuana) of becoming addicting and make it harder to function normally.

Our office is well-informed on this particular issue and can help parents understand their options if it comes up in a custody battle. It’s important to understand that the court looks at what is in the best interests of the child when deciding custody — which leaves you in a defensive position. If your spouse makes an issue of the medical marijuana, you essentially have to show the court that your use of the drug does not interfere with your ability to care for your child appropriately. You also have to show the court that your use of the drug does not put the child in any kind of danger.

Don’t go into this kind of custody battle alone. If your spouse is willing to use your treatment for your illness against you, the odds are good that he or she won’t stop there. Contact our office for more information or to discuss your specific situation.