Monday, December 9, 2013

Can I lose my kids if I am a medical marijuana patient?

Nevada has a constitutionally protected right for individuals to use marijuana for medicinal purposes. Therefore, one could argue that that use of medical marijuana, if recommended by a doctor, should not be a basis for removal of a parent's custodial rights to their child. However, the legal standard in Nevada, and many other states, in determining parental rights, is what is in the best interest of the child.

Some judges have found that although a parent has a legal right to use marijuana as a state licensed patient, the use of the medicine is not in the best interest of the child. Thus, these parents have lost rights to have overnight visits and have even been forced to have supervised visits. The issue currently is at the discretion of the family law judge that is assigned to the case.

The only way to change this is for the issue of whether the use of medical marijuana by a parent is a detriment to the child to be addressed by the Supreme Court of Nevada. However, until that happens, the parent who is a patient will face the burden of showing the judge who is assigned to the case that his or her medicinal use of  marijuana is not a detriment to the child. There is a presumption that being with the both parents (having shared custody) is in the best interest of the child and therefore arguably the parent who is patient should have equal access regardless of his or her use of marijuana.

However, be fair warned that there are judges in Nevada that view the medicinal use of marijuana to be detrimental to children and that those judges will likely reduce a parents custodial rights by finding that the use of medical marijuana around the child is not in the best interest of the child. The only way to change that ruling is to challenge it.

If you have questions regarding your parental rights and the use of medical marijuana, contact Connor & Connor PLLC today!

If you have questions about Nevada's Medical Marijuana laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We are assisting individuals and groups interested in obtaining a medical marijuana facility license. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at or by phone at (702) 750-9139 or visit You may also visit the firm's Facebook page at!/ConnorConnorPllc. You can also follow the firm on twitter at

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