In recent weeks, I've received several inquiries regarding a topic that seems to be causing some confusion for parents in Florida. The subject revolves around the use of marijuana, which is legal in the state of Florida provided you have a prescription. However, despite its legality, marijuana use can still raise concerns in family law cases, particularly when it comes to custody and timesharing.

Legal Use and Its Implications

First, it's important to understand that if you have a valid prescription for marijuana, it generally should not impact your custody or timesharing arrangements. The law recognizes that certain individuals have legitimate medical reasons for using marijuana, and with a prescription, its use falls under the category of prescribed medication. This means that as long as you are using it as directed by your physician, it should not be an issue.

When It Becomes a Factor

However, there are scenarios where marijuana use can come under scrutiny. For example, if one parent accuses the other of abusing their prescription, this can become a point of contention in a custody battle. The nature of marijuana makes it a bit more challenging to evaluate compared to other prescribed medications because of the lingering stigma and the fact that it is often misunderstood.

Key questions that may arise in court include:

- **Are you using marijuana as prescribed by your doctor?**
- **What are the specifics of your prescription?**
- **Are you allowed to drive while under its influence?**
- **Are you adhering to the prescribed dosage?**

These questions aim to determine whether the substance is being used responsibly or if it is potentially being abused, which could affect your ability to care for your child.

The Alcohol Comparison: Is It Fair?

Some judges tend to treat prescribed marijuana similarly to alcohol once a prescription is involved. Personally, I believe this comparison is flawed. Alcohol is a recreational substance with no medical necessity, whereas marijuana is prescribed to treat specific medical conditions. If our legislature decides to classify marijuana as a recreational drug, then it would make sense to treat it like alcohol in the courtroom. But as things stand, it's a prescribed medication, and that should influence how it's viewed in custody and timesharing disputes.

Making the Argument in Court

When facing this issue in a Florida family court, it's crucial to frame your argument correctly. Emphasize that you are using marijuana under the guidance of a healthcare provider and strictly according to the prescribed regimen. Highlight the medical reasons for its use and ensure that any accusations of abuse are met with clear, documented evidence of responsible use.

Ultimately, while marijuana use can raise questions, it does not have to negatively impact your custody or timesharing arrangements if handled correctly. Understanding the legal landscape and preparing to address any concerns head-on will help protect your rights and your relationship with your children.

At Family Matters Law Group, P.A., we are here to help navigate these complex issues and advocate for your best interests in court. If you have any concerns about how your prescription might affect your custody case, don't hesitate to reach out for a consultation.