Pennsylvania lawmakers are taking action to clarify that a person’s status as a medical marijuana patient cannot be used against them in parental custody rulings in family court.
While state statue clearly stipulates that lawful use of medical cannabis “shall not by itself be considered by a court in a custody proceeding,” a father’s recent experience losing custody rights after testing positive for THC metabolites has exposed an apparent implementation issue.
After David Levi—a registered medical cannabis patient with severe arthritis—sought financial support from his daughter’s mother in family court, his use of marijuana became a determining factor, contrary to what’s prescribed under state law.
“By the time they were done with me, I became a drug user—not a prescribed user—and that’s my tagline” in the eyes of the court, Levi told Marijuana Moment. “And two days before my father died, I got an email, and it was that the judge had ordered to take away all of my rights as a father.”
“I went from 50-50 custody to not being able to drive my daughter, and I’m only allowed to have overnight visits with her every other week,” he said.
Sen. John Kane (D) learned about his constituent’s story and, last week, circulated a cosponsorship memo to build support for forthcoming legislation to both clarify the existing statute and also make it so a person’s medical cannabis patient status cannot be used to determine child custody or to justify a drug test in a custody case.
“To treat his pain without using addictive opioids, my constituent obtained a medical marijuana card and began using this medication to treat his arthritis,” Kane wrote. “Medical marijuana has allowed him to manage his pain, maintain his work, and remain an attentive father to his three-year-old daughter.”
“Despite following the guidelines set forth by Pennsylvania’s Medical Marijuana Act, the constituent found himself in a custody battle that has threatened his rights as a father and penalized him based on his status as a medical marijuana patient,” he said, adding that current statute “prohibits the lawful use of medical marijuana as a determinant of child custody.”
“However, in my constituent’s case, his use of medical marijuana was used against him to determine child custody,” the senator said. And to address the issue, he will be filing legislation to “amend Title 23 Section 5328 to prohibit the use of medical marijuana from being used to determine child custody or the sole reason to order a drug test in child custody cases.”
The text of the bill hasn’t been filed yet. But on the House side, a Republican lawmaker has since committed to work on the issue as well, Levi said.
Hellbound and Down 