You have legally-protected constitutional right to parent your children and in Colorado you now also have the Constitutional right to smoke pot. While you may have an ounce of bud on you without getting in trouble, how exactly will those protecting your rights weigh these 2 competing interests? What rights do your children have?
While it’s too early to have case law in which the Court’s actually discuss or analyze the arguably competing rights, many family law attorneys have been dealing with medical marijuana and parenting for some time as well as illegal drug use and parenting.
We do not anticipate drastic changes in how the right to smoke pot will be handled in family court.
Just like parents who drink alcohol, if you are around your children and your ability to parent is impaired, the Court can limit your parenting time.
If you are making bad decisions that are not in your children’s best interests, the Court can limit your parenting time. If you are subjecting your children to an injurious environment – which many believe second hand pot smoke and contact highs are – the Court can limit your parenting time.
The difference will most likely be seen in the way the court’s assess your use of marijuana. Testing has been done and the science of urine analysis tells the professionals what the level of THC is in your system and if you are the occasional recreational user or if you have chosen the wake-n-bake lifestyle that makes parenting without supervision not likely as you are probably legally impaired most of the time.
As of January 1, 2014 Amendment 64 was added to the Colorado State Constitution to allow for the use and possession of marijuana. In part, this includes the following provisions:
(3) PERSONAL USE OF MARIJUANA. Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under Colorado law or the law of any locality within Colorado or be a basis for seizure or forfeiture of assets under Colorado law for persons twenty-one years of age or older:
(a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana.
(b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale.
(c) Transfer of one ounce or less of marijuana without remuneration to a person who is twenty-one years of age or older.
(d) Consumption of marijuana, provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others.
(e) Assisting another person who is twenty-one years of age or older in any of the acts described in paragraphs (a) through (d) of this subsection.
This still doesn’t mean you can drive under the influence.
This doesn’t mean the Family Courts will be more understanding of you choosing to toke up while parenting.
The law for determining parental responsibilities in Colorado is still the consideration of several factors that lead to a decision of what parenting plan is in the best interests of your children. Save your children and restructure your family successfully. Choose your children and the right and privilege to parent over your new legal right to smoke marijuana.
If you have questions or need help please contact our office.
