How Nevada Courts View Prescription Drugs and the Impact of Medical Marijuana on Las Vegas Child Custody Cases

Marijuana and prescription formThis is my second post in my “Medical Marijuana in Nevada” series. My first post served as a general overview of the topics I will be discussing in this series. This post will focus on the impact of medical marijuana on your Nevada child custody case and how the courts are likely to handle the issue. As with other prescription drugs, while legal, the Court will be cautious in dealing with any parent who takes controlled substances, and will be on the look out for any potential signs of abuse.

Nevada family courts’ view on prescription drugs will shape how the medical marijuana issue is handled in child custody cases

Nevada Family Courts understand that from time to time people will be in need of prescription drugs. If a doctor prescribes medication for depression, anxiety, pain or other disorders the court has no problem with these if taken as prescribed. However, that being said, when dealing with a psychological disorder, the court may take into consideration the type of disorder and how it will impact the raising of children when considering a child custody case.

The abuse of prescription drugs will affect any case you’re involved in, especially child custody. It is especially dangerous to abuse narcotics and try and raise children. The Court’s primary concern is the best interest of your children and prescription drug abuse, of any kind, impacts your children’s welfare. Therefore, it stands to reason the Court’s will monitor medical marijuana usage closely.

How medical marijuana abuse can impact your child custody case

The Court determines if a parent is abusing prescription drugs. If there is sufficient evidence presented to suspect prescription drug abuse, the Court will send the party for mandatory drug testing to determine the level of abuse. Since medical marijuana has a high rate of misuse, Courts will likely monitor its use closely.

Testing dirty for medical marijuana, meaning more than the prescribed amount is found in your system, will impact your child custody case. Marijuana can inhibit your cognitive abilities, which can make it impossible for you to properly care for your child. This may inhibit your chances at primary custody or limit your time with your children. The Court may order scheduled mandatory drug testing and/or drug rehabilitation in order for you to have unsupervised visitation with your children, depending on the severity of the abuse.

Marijuana can be an effective way to deal with chronic pain or the effects of chemotherapy. There is nothing wrong with using prescribed medical marijuana for its intended use.  However, if you are involved with a Nevada child custody case, I would advise you to be cautious with your dosage. Your children are one of the most precious aspects of your life. If you have a medical marijuana prescription, then inform your attorney and be honest about your usage in order for your lawyer to better assist you. If you have questions or concerns about how medical marijuana can impact your child custody case, please contact my office today.


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