The Law: Medical Marijuana is legal, but it's complicated at the federal level.
Under Florida’s Amendment 2 (2016) and the Office of Medical Marijuana Use (OMMU), certified patients ONLY can legally use cannabis for approved medical conditions. Possessing and using medical marijuana within state guidelines is fully lawful. You must possess a valid Medical Marijuana Card in Melbourne and should only use prescribed Cannabis.
However, federal law still classifies cannabis as a Schedule I controlled substance. This conflict between state and federal law creates confusion, particularly when it comes to family court, custody decisions, and parental rights. If you are in doubt, you must seek assistance from experts.
Florida courts know that a parent has the right to get medical care, but they have to put the child's interests first. When marijuana is brought up, judges may look closely at whether its use affects the parent's ability to keep the child safe and stable. They must investigate to ensure responsible medical marijuana parenting before making a decision.
Can having an MMJ Card affect custody in Florida?
In Florida, having a medical marijuana (MMJ) card shows that you are a legal Marijuana patient, and does not automatically hurt your rights to custody or visitation. What matters is how Cannabis is used, and its impact is what matters. In general, courts look at:
Parental Responsibility: If using cannabis makes it harder for you to care for, supervise, or make good decisions for your child.
Environment: If marijuana products are kept in a safe place where kids can't get to them.
Legal compliance: If you follow the rules of certification, dosing, and buying from licensed dispensaries ONLY. You must also use the strain and dose prescribed by the doctor.
Safety: You must not use Cannabis in front of the children, drive, cook, or take care of kids.
Co-parent Concerns: If another parent says that you are acting in a way that is unsafe for the children. They may also say that using Marijuana impacts your judgment.
The court is not likely to look down on your MMJ card if you are a certified patient who uses medical marijuana responsibly, within the law, and away from your child. You must be able to demonstrate with evidence that you take Marijuana for medicinal purposes and you only take the prescribed strain and dose.
Florida's Family Court and Medical Marijuana
Florida Statute § 61.13 tells judges in family court to put the child's health, safety, and emotional well-being first. The court may do the following during custody hearings:
Ask for proof that you have a medical marijuana card.
Check medical records to make sure the treatment was real.
Inquire about dosage, frequency, and method of administration (e.g., oils or edibles versus smoking).
Consider testimony from your physician or a licensed medical marijuana doctor.
Like any other prescription drug, it's important to show that you are using medical marijuana under the care of a doctor and in a responsible way. You must be knowledgeable about cannabis and parental rights and make an informed decision.
Responsible Medical Marijuana Parenting
The best way to safeguard your parental rights is to demonstrate responsible medical marijuana parenting. That means:
Never use cannabis in front of your children.
Safely storing all products in locked containers or cabinets.
Do not perform any childcare duties while under the influence.
Always use marijuana in the right dosage, which is prescribed by a certified doctor.
Maintain open and honest communication with your co-parent or legal counsel.
By treating medical marijuana as a legitimate medication, not recreation, you signal to the court that your primary focus is your child’s safety and stability.
Parents with a valid medical marijuana card should be proactive in demonstrating to the court that their use is responsible and does not impair their ability to parent effectively.
How cannabis might come up in custody disputes
Even when it's legal, medical marijuana can cause problems if the other parent says:
Child neglect and compromised judgment.
Storing cannabis products in an unsafe way.
Using too much Cannabis without a doctor's advice.
Lingering effects of cannabis during parenting time may impact the parent's reasoning and judgment.
Using Cannabis in front of children.
In these situations, the court may issue protective orders to cannabis patients that can be issued to ensure compliance and child safety.
Temporary restrictions on use during custody exchanges or visitation periods. This is to ensure that children are not exposed to any form of Cannabis.
Mandatory drug testing to verify medical compliance.
It’s important to remember that such actions are protective. Once you demonstrate safe, physician-guided use, restrictions can be lifted.
Keeping your rights safe as a Parent and Cannabis Patient
If you have a Florida MMJ card, the best way to protect your parental rights is to:
Stay within the law: Only buy from licensed dispensaries, take the right amount of medicine as directed by your doctor, and renew your card on time.
Keep Records: Keep copies of your doctor's recommendation and the OMMU's approval.
Safe storage: Store all Cannabis products out of the reach of children. Marijuana products should be locked in a place where children cannot reach to ensure kids cannot get access to them.
Avoid Misuse: Don’t mix cannabis with alcohol or use it before driving or any other activity that can be dangerous.
Be honest: Tell your legal team if you think cannabis use might come up in court. Keep all your records complete and be ready to show the documents when needed.
Gather statements from teachers, other adults, or a doctor that can attest that Marijuana use does not interfere with your role as a parent.
Legal Cannabis Use for Parents: A Shifting Landscape
As more Floridians seek natural alternatives for chronic conditions, family courts are adapting to a new understanding of what medical marijuana means in everyday life. As Florida Medical Marijuana expands, more and more people are using it legally and responsibly. Hence, it's not important anymore that a parent uses cannabis; what's important is how safely and responsibly they do it.
Responsible use, following the law, and getting help from a doctor all show that medical marijuana can be used by parents who are doing a good job.
Finding a Balance Between Health and Parenting
For parents managing legitimate medical conditions, cannabis can be a safe, effective treatment when used as prescribed. Florida law recognizes that being a medical marijuana patient does not make you an unfit parent.
Courts look for responsibility, and they solely focus on the child's interest. Parents who follow the state's rules, store products securely, and prioritize their child’s well-being can continue to take care of their children. You must be ready to provide evidence to courts so they can continue to provide a loving, stable home while managing their own health through medical marijuana.
If you are confused about the laws and need assistance, you can reach out to experts at My Florida Green. They speak to their clients carefully to understand their concerns, especially for patients with young children. They empower patients with the power to get medical marijuana safely and responsibly. If you want to continue to use Marijuana medicinally, you must understand the rules and legislation on the use of Medical Marijuana Melbourne.
