Medical marijuana has become legal in many states and is becoming socially accepted as a valid method of treatment for certain physical and emotional issues throughout the United States. Rapidly changing laws that vary between states have created many legal issues, and they span a variety of different areas of the law. A recent article details issues involving a child custody dispute that some citizens of Ohio could face in the following years.
The Department of Families and Children (DFAC) removed five children from the home of a military veteran father, citing the illegal use of cannabis. Their ages range from five to sixteen. The father suffered injuries during service that led to PTSD and other physical problems. These injuries and medical treatments he received eventually developed into opiate addiction, which the father was able to recover from with the use of prescribed medical marijuana.
The family wanted to move to Colorado, where medicinal cannabis is legal, and the father got a job with the Veterans Administration there. During this time, DFACs removed the children from the home. The father and mother had other unrelated legal difficulties during this time, but they contend that the suit against them and reason for the children's removal only involved the use of marijuana.
At the current time, the use of medical marijuana is illegal in the state of Ohio. However, pending legislation could legalize it if passed in November. Citizens of Ohio could face child custody issues due to the use of cannabis, even if legally prescribed by a physician in another state. Understanding the most current laws with the assistance of an attorney could be vital to regaining child custody in these difficult and complex situations.
Source: sandiegouniontribune.com, "Correction: Medical Marijuana-Custody story", March 30, 2016