By James S. Margulis, Esq.

An article on Ladybud's website brings up a very hot topic: How will government entities and State Courts handle the trend of legalization of marijuana as it relates to child custody issues?

As the article points out, Colorado seems to be taking a more lenient view than most states. This is not surprising, as Colorado seems to be leading the country in all things marijuana.

Of course, medical marijuana has been legal in Colorado for a few years and there have been some indications from the Courts in how they will address the use of marijuana in child custody matters.

My experience is that they will treat it similar to alcohol and/or prescription pills. The Courts will look at such questions as: Is the use legitimate? Is the drug being abused? Is there evidence of smoking and driving? Is there evidence of a direct detrimental impact on the child?

Based on the Judges I have been before where marijuana use has been raised as an issue, my conclusion is that if the marijuana use is reasonable and in moderation, it will not impact the Court's decision on child custody matters in the State of Colorado.