Can You Get High? Custody & Marijuana

Can you get high? Your custody case and marijuana:

The short answer is yes, you can get high and still be granted parenting time with your kids. But just because it is legal, does not mean a high parent is a good parent.

I find that the Courts are treating marijuana similarly to alcohol. Yes it is legal, but you shouldn’t be drunk around your kids. So just like you shouldn’t be drunk around your kids, you also shouldn’t be high. Even if you think your parenting skills are not hindered by being high, you’re probably wrong. Marijuana is a mood-altering drug, so it is likely to impact your demeanor, just by the nature of the drug. And let’s face it, if it didn’t alter your mood, would you still smoke it?

When smoking marijuana, follow this golden rule: never smoke it in front of your children. There is absolutely no reason for them to become familiar with the smell of any smoke, let alone marijuana smoke.


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Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit).