While this is still a relatively new issue, it is likely courts will still take into account marijuana use when deciding on a parenting plan.
Even though it is legal to consume alcohol (if over age 21), courts still consider alcohol consumption if there are allegations of alcohol abuse, driving under the influence, drinking to impairment around the children, etc. The same is true of prescription painkillers.
Courts also consider numerous other concerns, even though they do not rise to the level of criminal activity. This includes failure to get children to school regularly, emotional abuse, abusive use of conflict, neglectful behavior, not providing appropriate housing, disparaging the other parent, and countless other issues.
In short, if there is an allegation that marijuana use impacts the children, then the court will take it into consideration when deciding on a parenting plan.
Nicole M. Bolan, Attorney at Law
Blado Kiger Bolan, Tacoma, Wash.