Marijuana Is Legal in New Jersey—Can Use by a Parent Still Affect Your Child Custody Agreement?

Posted by Joseph D. Lento | Feb 23, 2024 | 0 Comments

Over the years between a divorce and the time when the children of the former couple reach the age of eighteen, issues around child custody arrangements can arise. There may be small skirmishes over one parent being chronically late when dropping the children off at the other parent's house or major conflicts over serious issues such as child safety and more. One parent may claim behavior by the other parent warrants revisiting the child custody agreement, even demanding that the other parent lose all rights to have unsupervised custody of the children.

Marijuana use by a parent could cause contention, but how has the possible impact on child custody changed since 2021? In that year, the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (CREAMM Act), which made the manufacture, transfer, and consumption of cannabis (marijuana) by individuals twenty-one years of age and older legal, took effect.

If you are facing issues, including over marijuana use, regarding child custody arrangements with your child's other parent, contact the Lento Law Firm's Family Law Team today for help. You can speak with a knowledgeable, experienced Family Law Team member by calling 888-535-3686 or get in touch by using our online contact form.

Whether Marijuana Use By a Parent Can Affect Child Custody Depends on the Circumstances

Child custody issues often arise even after a divorce is finalized. In many cases, one parent is raising well-grounded concerns about the other parent's behavior and its effect on the children. All too often, however, the issues raised have no substance, and the goal is to manipulate the other parent or cause distress. Drug use by one parent can be an issue if the habit conflicts with the other parent's values or the tenets of their religion. The CREAMM Act, however, states that consuming or possessing cannabis within the law does not affect parental rights. However, New Jersey Family Courts will consider the best interests of the child, which may be adversely affected by a parent's consumption of cannabis. For example, the parent's ability to get the child to school on time may be affected by their excessive cannabis use, or they may leave the drug where the child can easily access it.

A knowledgeable attorney on the Lento Law Firm Family Law Team can determine how the CREAMM Act applies in your unique case, whether you are the parent who uses marijuana or has concerns about its use by the parent.

The Lento Law Firm Family Law Team Can Help With Child Custody Disputes Over Drug Use and Other Issues

The Family Law Team at the Lento Law Firm has the knowledge and experience to guide you through post-settlement child custody disputes and achieve a result that is best for your child. Call the Lento Law Firm's Family Law Team at 888-535-3686 or complete our confidential online contact form.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in New Jersey and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings! He does not settle for the easiest outcome, and instead prioritizes his clients' needs and protects their interests.


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Attorney Joseph D. Lento has more than a decade of experience practicing Family Law in New Jersey. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph Lento will go above and beyond the needs for any client and fight for what is fair.

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