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The prescription for and use of medical marijuana is becoming more common in many states, some readers in Washington know. For some people in our state and across the nation, the use of the controlled substance, even while legal, has come under scrutiny in child custody matters both during and after a divorce. Now one state is considering the problem.

Washington readers may be interested to learn that a court in one large state in our nation has held that the use of prescription medical marijuana is closer to that of a standard medication than a drug. This decision may assist parents seeking to obtain a favorable child custody agreement as they go through the divorce process. The change may put more favorable child custody agreements within reach for some.

In the past, it appears that some courts have found that parents using medical marijuana had committed offenses that may have precluded them from visitation by their children. Though the use of the drug is legal, it may have been used as evidence in child custody matters by parents to influence a court decision as to the placement of a child. The safety of kids with parents that are under the influence of the drug has also been asserted in such matters.

In child custody cases, parents often argue as they work to create an agreement for the living arrangements for their children. In most instances, each of the parents seeks to do what they believe is in the best interests of their children. When the legal use of a prescription medication is added to the sometimes-contentious discussions, the issue can become more complicated. A person who finds that they are in such a situation may do well to seek advice of those with familiarity with the issue as they navigate the divorce process.