We live in a time where many states have legalized marijuana for medical purposes, and several states have legalized it for recreational use. A large portion of the population seems to have the opinion that pot really is not a big deal any more, and they are not concerned about smoking pot or about others smoking pot. When it comes to a family law case, be warned that smoking pot is still a very big deal if you are involved in a custody dispute or a CPS case.
Time after time I have seen drug tests ordered in cases. If either side makes an allegation that the other has been using drugs, drug tests of both sides will likely be forthcoming. If either side requests a drug test, drug tests of both sides will likely be forthcoming. A positive drug test – even for “just a little pot” – has almost universally led to one thing: supervised visits. Even when there was no other reason to restrict a parent’s access to a child, admitting to using pot or testing positive in a drug test for pot is a big deal. Judges do not like drugs, even if that drug is “just pot.”
In a CPS environment, a positive drug test for pot can lead to a “reason to believe” finding for neglectful supervision. The state’s position is that if you are on pot, you cannot be properly supervising your child. Therefore, they have reason to believe you are being neglectful of your children and you can find yourself in a very big mess. I have even had a judge call CPS during a hearing (in a non-CPS custody case) when one party admitted on the stand to using pot.
The bottom line is, pot is still illegal in the state of Texas and it will be extremely detrimental to you in a custody or CPS case if you use it. If you want to keep your kids or have unsupervised access to your kids, it is really best to just say no to pot.