Yes. Maryland divorce courts have the power and authority to order parents to abstain from the use of alcohol, cannabis, or other substances prior to visitation with their children. However, to impose such restrictions, the court must find that the restrictions are reasonably related to the child’s “best interest.” The “best interests of the child” is the legal standard used by Maryland divorce courts when making determinations and decisions related to child custody in Maryland. Thus, it is unlikely that a Maryland divorce court could restrict visitation or other parental rights based solely on the legal and responsible use of cannabis products.

There are at least four circumstances where a Maryland divorce court could reasonably restrict visitations based on cannabis use. First, restrictions would probably be valid for cannabis smoking while the parent was with the child or children. This has two rationales. Smoking involves secondhand smoke. As such, smoking cannabis in the presence of the child/children directly exposes them to the smoke and the cannabis drug. Every Maryland divorce court judge would consider this an unacceptable impact on the child or children. This would be akin to giving the kids a drink of beer or other alcohol. Further, cannabis use involves a parent’s status as a “role model.” Some divorce court judges might consider cannabis use in front of the children to represent a “bad” role model for the children. On the other hand, the use of other cannabis products (such as edibles) might not raise as many concerns. This might be seen as the equivalent of having wine or a beer with dinner.

Second, restrictions on visitations might be legitimate if it is shown that the child or children are exposed to or have access to cannabis or cannabis-related paraphernalia. Part of being a responsible parent is keeping the children away from products that they are not emotionally and physically ready for. This means locking up the liquor and cannabis and storing the paraphernalia. Failure to do this can justify a divorce court in imposing use restrictions.

Third, a divorce court would be justified in imposing restrictions under circumstances of neglect or endangerment. If a parent’s cannabis use is proven to interfere with the parent’s ability to care for the child or children, restrictions are appropriate. Likewise, if cannabis use has been shown to put the child or children in danger, restrictions are appropriate.

Finally, a divorce court would be justified in imposing restrictions if there has been some proof of a history of substance abuse or drug-related arrests/convictions. In criminal law, past behavior is not proof of current or future behavior. However, with respect to the best interests of a child, a history of substance abuse or drug-related criminal behavior is enough to justify a court’s imposition of cannabis use restrictions.

Again, it must be noted that the restriction must relate to the visitation and the best interests of the child. Thus, a blanket ban on cannabis use as a condition of visitation might be too broad if the visitation schedule is only alternating weekends.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.