How Legal Marijuana Use in NJ Can Affect PA Custody Cases

As marijuana laws continue to evolve across the country, legal discrepancies between neighboring states can complicate family law matters, especially when it comes to custody. In the Bucks County area, it’s not uncommon for co-parents to live across state lines, with one parent residing in Pennsylvania and the other in nearby New Jersey.

But what happens when one parent uses marijuana legally in New Jersey and the other objects to that use in a Pennsylvania custody dispute? In a world where the legal landscape is changing rapidly, it’s crucial to have a local advocate who knows how to protect your role in your child’s life. Share your unique concerns with a Bucks County family attorney.

 Marijuana Laws in PA vs. NJ

New Jersey legalized recreational marijuana use for adults 21 and over in 2021. Residents may purchase cannabis at licensed dispensaries and consume it privately. Medical marijuana has been legal there since 2010.

Pennsylvania, on the other hand, has only legalized medical marijuana. Recreational use remains illegal. Medical marijuana patients must be certified and obtain cannabis from licensed dispensaries. Even then, certain restrictions apply, and marijuana use can still raise concerns in family court if it appears to interfere with parenting responsibilities.

Family courts in Pennsylvania focus on the best interests of the child, considering factors such as parental judgment, the safety of the home environment, and each parent’s ability to meet the child’s needs. Even though a parent may be using marijuana legally in New Jersey, a Pennsylvania judge may scrutinize that behavior through a different legal and cultural lens.

If one parent alleges that the other’s cannabis use affects their parenting abilities, the court may investigate. Key concerns might include:

• Whether the parent uses marijuana during parenting time
• If the child has access to cannabis products
• Any history of substance abuse or impaired decision-making
• Whether the use affects school schedules, appointments, or other responsibilities

It’s important to understand that legal use is not the same as harmless use in the eyes of the court. While New Jersey law may not prohibit a parent from consuming marijuana, Pennsylvania family judges are not obligated to treat that use as irrelevant. This is especially true if the child’s welfare could be impacted.

What Parents Should Know

If you’re involved in a custody dispute that crosses state lines, and marijuana use is a factor, a court may request additional information. This could include drug testing, expert testimony on parenting capacity, and a custody evaluation by a licensed professional.

Also, the parent using marijuana, even legally, should be prepared to demonstrate responsible use. They need to be able to illustrate that the child’s safety and well-being is the top priority.

Custody cases can become complicated quickly. A Bucks County family attorney can help. Whether you are the parent using marijuana or the one raising concerns about it, having legal guidance ensures your position is presented clearly and backed by the right evidence.

Do you have concerns about cannabis use? Share your worries with the attorneys at Kevin L. Hand, P.C. Call 215-515-2604 for a confidential consultation.