How Does Weed Legalization in CT Impact Your Divorce or Custody Agreement?
A man is smoking a lit joint indoors, with his eyes closed. Another person in the blurred background also appears to be smoking. The scene is dimly lit with a warm, soft focus. However, it will not be sold recreationally in Connecticut until 2022.
How will this move impact your divorce or child custody agreement?
If you have previously entered into a divorce or custody agreement, it may have language that says that neither parent can use illegal drugs (or substances). Now that recreational marijuana use is legal, does marijuana still fall into that category? Probably not. One could argue that was the intent when drafting it. However, if your ex-partner or ex-spouse tried to file a contempt motion, it would be his or her burden to prove that you willfully violated a clear and unambiguous court order. In light of the new legislation that has passed, your underlying agreement may be considered ambiguous. It’s too early to have case law to answer this question clearly, but this will certainly be a “hot issue” in the Connecticut courts in the near future.
However, if your underlying agreement specifies that one or both parents are precluded from any marijuana use, then it would likely remain a clear and unambiguous order and, if drug testing was ever requested of you, it could certainly be an issue. The third scenario that we anticipate seeing is the agreements that specify parameters for medical usage of marijuana. Depending on the language of the specific agreement, a parent with a medical marijuana card may need to still follow the guidelines pertaining to such.
If you are currently in the process of getting a divorce, or if you are considering filing for divorce, or for custody of your child(ren), you should consult with an attorney immediately…
…particularly if you have questions regarding the recreational use of marijuana as it pertains to your family law matter. It will be beneficial for you to go into the matter knowing what particular language, if any, would be helpful in your specific situation. Alternatively, if you already have a divorce or custody agreement in place, but are concerned about the current language, especially if you now have a medical marijuana card and previously did not, you should seek advice of counsel to ensure you are compliant with the underlying agreement.
Wolf & Shore Law Group offers virtual consultations to review your previously existing agreements if you need assistance in interpreting such. Click here to schedule a tele-law consultation regarding marijuana-related clauses in family law agreements. Or, if you need a general consultation regarding your divorce, custody, or family law matter, click here.
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Regardless of which avenue you choose, if you elect to participate in recreational, or medical, marijuana use, make sure to stay up to date on current state and federal regulations regarding such that may impact your specific situation.
