How Marijuana is Impacting Divorce Cases


From white-collar professionals to soccer moms to CEOs to retail workers and every occupation in between, men and women from all educational backgrounds and socioeconomic classes are partaking in marijuana, especially since Nevada decriminalized the use of up to one ounce of marijuana for personal use.

As of this writing, possessing up to one ounce of marijuana for personal use incurs zero penalties. Meaning, there is no fine, no jail term, and no criminal charges. It’s only when someone is caught with more than one ounce that they face a misdemeanor charge and a maximum fine of $600 in Nevada.

Not only has the “Entertainment Capital of the World” loosened its marijuana laws, but our own government has also recognized the many benefits of medical marijuana, which has only added to the acceptance of the drug.

Government Recognizes Medical Marijuana

According to the National Institute on Drug Abuse (NIDA), “Because the marijuana plant contains chemicals that may help treat a range of illnesses and symptoms, many people argue that it should be legal for medical purposes. In fact, a growing number of states have legalized marijuana for medical use.”

With the growing popularity of marijuana, more (and more) people are using it to treat HIV, multiple sclerosis, pain, inflammation, seizures, mental disorders, and substance abuse disorders. While smoking pot or eating edibles in Nevada won’t necessarily lead to criminal charges, it can affect child custody. How so?

Even though marijuana has been decriminalized for the most part in Nevada, many spouses still have strong objections to the use of the drug. Sometimes, pot use can be such an issue in a marriage that it contributes to divorce.

In such cases, it’s not uncommon for the non-using spouse to use the pot-smoking as ammunition against their spouse in a child custody battle, and since marijuana can affect safe driving, judgment, the household budget, and overall parenting skills, the judge can easily take the non-smoking parent’s side.

Has marijuana use become an issue in your divorce case? No matter how you feel about the powerful drug (for or against), it’s important to discuss the issue with an experienced divorce attorney from Ford & Friedman. Contact us today to get started.

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