NJSBA Family Law Section

First time I have had to address this issue--but a client of mine who has a FRO against her husband (we are mid-divorce now) has been diagnosed with PTSD and severe anxiety and prescribed medical marijuana.

Her concern is that if the husband finds out he will seek to remove the children from her custody.  

Thoughts on how to handle this?

TIA!

------------------------------
David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
------------------------------

Original Message------

First time I have had to address this issue--but a client of mine who has a FRO against her husband (we are mid-divorce now) has been diagnosed with PTSD and severe anxiety and prescribed medical marijuana.

Her concern is that if the husband finds out he will seek to remove the children from her custody.  

Thoughts on how to handle this?

TIA!

------------------------------
David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
------------------------------

Original Message------

How would it be different from if she had a legitimate prescription for Percs or Vicodin or something? Or if she occasionally had a drink?

Over the past decade, I've seen less attention being paid to pot generally. I had an adversary once who thought it was a smoking gun (so to speak) and who kept saying "she smokes weed!" over and over in chambers before the judge got flustered and said "I even know some judges who occasionally smoke it... what's the point, counsellor??" (and it was clear who the judge was implicating... themself).

The days of Reefer Madness are over. It's one thing if there's an addiction issue, or someone's driving under the influence (of anything - prescribed or not), but I'd say she has nothing to worry about on that front.


<x-sigsep>

David Perry Davis, Esq.
------------------------------------------
   www.FamilyLawNJ.pro
------------------------------------------
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax:    609-737-3222

</x-sigsep>