In a Christian Science Monitor analysis, two attorneys note that legalized marijuana is going to cause some complications in family law. Alexandra White and Carolyn Witkus, attorneys practicing family law, note that Colorado now intends to treat marijuana like alcohol—legalized for recreational use.
However, they note, “Drug use is often an issue in divorce and parenting cases,” and it remains uncertain how judges will look at marijuana use now that it’s legal. Judges generally do not take away custody if a parent drinks a reasonable amount of alcohol, but will they feel the same about marijuana use?
This raises a number of important questions: “Can a parent handle a crisis while high? Are there varying degrees of intoxication from marijuana … to the point at which a court should say: “No, you can’t parent when you’re stoned!” What happens if a child starts dipping into a parent’s marijuana stash? White and Witkus emphasize that we especially need a reliable, research-proven method of testing impairment. They conclude, “Treating marijuana like alcohol is not as easy as it sounds.”
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