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“But it’s legal in Michigan, so it can’t be used against me…right?” – Marijuana use in custody and parenting time matters

“But it’s legal in Michigan, so it can’t be used against me…right?” – Marijuana use in custody and parenting time matters

Marijuana is legal in many states, including the state of Michigan for both medicinal and recreational use. Though it is legal, public concerns on Marijuana usage remain in the society. For example, a parent's marijuana usage may impact custody and parenting time.

There is a lack of appellate precedents in Michigan with any guiding framework for how marijuana impacts custody and parenting time. However, in the existing case law, parents have used the opposing party’s marijuana use against them under the best interest factor “F,” which is the parent’s moral fitness and is one of twelve factors taken into consideration in resolving custody disputes. 

Using Marijuana does not automatically alter the outcome of custody. The standard is whether the usage would create an unreasonable danger to children. Accordingly, it is one of the factors but not the only factor in the decision.

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