An anomaly of the law in Colorado means that it might be legal for you to use pot for recreational purposes if you are an adult, but your use of pot could still be used by child protective services to take your child away from you. In fact, in at least one instance, a child was taken away by child protection authorities because pot was found in the parents’ house. This is where a Leadville child custody lawyer can help.
Colorado recently became the very first state in the country to allow the use of marijuana for recreational purposes. You would think that other laws have been modified or tweaked appropriately to make room for this new law. That isn’t true at all. While the law makes the use of marijuana by adults legal in Colorado, it still considers marijuana to be on par with heroin and other substances under federal law. As a result, a child who is in a home where marijuana plants are grown would be considered in danger, and would be taken away by child protection authorities.
The Colorado Drug Investigators Association recently supported a bill under which marijuana would have to be shown as being harmful to the children to constitute child abuse. However, the bill was strongly opposed by parents who used pot, and feared that their children would be taken away from them, because of the perceived exposure to vote.
Supporters of the bill say that exposure to marijuana is harmful to children, and that in far too many cases, children are being exposed to pot-laced cookies being left around the table. Pot has infiltrated more than one child custody dispute in Colorado. In 2010, a Colorado Court Of Appeals found in favor of a father who lost visitation rights to his daughter, when the other parent claimed that his use of pot was harmful to the child. The man had never used marijuana in front of the daughter. However, a lower court held that the man could not have visitation rights to his daughter until he passed a drug test.
If you are facing family law disputes over marijuana use or any other matter, your rights as a parent could be at risk of violation. Discuss your case with a lawyer.