Elementary school runs anti-drug educational program.
During program, eleven year old Boy pipes up to extol the virtues of medical marijuana use in general … and by his Mother in particular.
Problem is, Boy and Mother live in Kansas … where pot is illegal, even for medical use.
As a result, Boy is removed from Mother’s custody and placed into child protective custody.
The law is the law, of course.
Yet, adding insult to injury, a scant hour away from Mother’s home, lies Colorado, where not only is medical marijuana use perfectly legal, but so also is purely recreational use of cannabis. Presumably, custody of a child is unlikely to be impacted merely by using pot in Colorado.
Further away, here in Florida, as in Kansas, even medical marijuana use is prohibited by law.
Yet, in this corner of Florida, a family court judge is probably not so likely to modify visitation, let alone strip a parent of custody, of their child, due to temperate medical or recreational marijuana use, at least absent demonstrable danger or harm to the child.
As for Mother, her position might have been more impregnable if her cannabis and paraphernalia were somewhat less visible to Boy and better secured when not in use … or, then again, perhaps, if she were not quite so evangelistic about use of marijuana for medical purposes…
The big takeaway, which bears emphasis, is that child custody law in particular and family law in general is a matter of state law. It is not federal or uniform. What happened in your fifth cousin’s divorce in this or that other state has nothing at all to do with what will happen in your state.
Read more in this Yahoo News article: Mom Loses Custody After Son Talks About Her Medical Pot Use at School