In short, it depends. In Florida, recreational marijuana use is illegal, and medical marijuana is tightly regulated under the Florida Medical Marijuana Legalization Initiative (Amendment 2, 2016). Smoking marijuana in front of a child, even with a medical card, can raise some serious legal concerns.
Although there is no specific smoking in front of child law or statute that outright bans smoking marijuana in front of a child, doing so may be considered child endangerment or neglect depending on the circumstances and impact on the child’s health and safety.
Florida Statute Section 827.03 defines child abuse, neglect, and endangerment, including situations where a caregiver exposes a child to harmful environments. If marijuana use impairs a parent’s ability to care for their child or creates an unsafe living condition for that child, then it may be grounds for investigation by the Florida Department of Children and Families (“DCF”). Courts may also consider such behavior when determining custody or visitation rights, especially if it affects the child’s well-being.
In family law cases, judges will always prioritize the child’s best interests under Florida Statute Section 61.13. Evidence of drug use, especially in the child’s presence, can greatly influence child custody decisions, even if the parent is a qualified medical marijuana user. In sum, smoking weed around a child may not automatically result in criminal charges, but it can lead to restrictions on custody, mandatory drug testing, or supervised visitation.
As such, if you are having any issues related to marijuana in the presence of a child, then it is recommended to set up an attorney consultation with a Florida lawyer who has experience in handling matters related to child endangerment cases. They can answer any questions you may have and help you determine your best course of legal action.
Is the Use of Marijuana by a Parent Considered Child Endangerment?
Once again, it depends. In Florida, the use of marijuana by a parent may be considered child endangerment depending on the specific circumstances of the case. Although medical marijuana is legal under specific guidelines, recreational use remains prohibited.
If a parent’s marijuana use interferes with their ability to care for the child, creates an unsafe environment, or exposes the child to secondhand smoke, it could trigger concerns under Florida Statute Section 827.03, which addresses child abuse and neglect.
Courts in custody and visitation cases evaluate whether a parent’s behavior compromises the child’s health, safety, or emotional well-being. Evidence of frequent or irresponsible marijuana use, especially when used in the child’s presence, can greatly influence a judge’s decision in custody matters. Even if the parent is a registered medical marijuana user, the court may impose restrictions such as supervised visitation or mandatory drug testing if the use is deemed harmful.
Ultimately, the court’s priority is always the child’s best interests, as outlined in Florida Statute Section 61.13. Marijuana use alone does not automatically result in a finding of endangerment, but when combined with other risk factors, such as impaired judgment, unstable housing, or neglect, then it can become a significant issue. Parents involved in custody disputes should be prepared to demonstrate responsible behavior and a safe home environment.
Will CPS Take My Child for Smoking Weed in Florida State?
In Florida, Child Protective Services (“CPS”) may investigate a parent for smoking weed, especially if the use occurs in front of a child or affects the parent’s ability to provide proper care. As mentioned above, while medical marijuana is legal under regulated conditions, recreational use remains prohibited.
If CPS determines that marijuana use poses a risk to the child’s safety or well-being, they can take action, which may include temporary removal or court intervention under Florida Statute Section 39.01, which defines abuse, abandonment, and neglect.
CPS lawyers often become involved when a case escalates to dependency court or when a parent’s behavior raises legal concerns. These attorneys represent the state and advocate for the child’s protection, especially in situations where substance use is linked to neglect or endangerment. If CPS substantiates a claim, the court may impose conditions such as parenting classes, drug testing, or supervised visitation. In severe cases, the court can initiate proceedings to modify custody arrangements.
A parent facing CPS scrutiny may also encounter a modification of custody order in Florida under Florida Statute Section 61.13. If the other parent petitions the court, citing marijuana use as a threat to the child’s welfare, the judge may alter the existing custody or visitation terms. For instance, they may award full custody in Florida to the other parent. In order to avoid such outcomes, it’s critical for parents to demonstrate responsible behavior, comply with medical marijuana laws, and maintain a safe, stable home environment.
Could the Florida State Remove a Child From the Custody of Their Parents Regardless of Marital Status or Divorce?
Yes, as mentioned above, the State of Florida can remove a child from the custody of their parents regardless of marital status or divorce if there is evidence of abuse, neglect, abandonment, or danger to the child’s well-being.
Once again, Florida Statute Section 39.01 outlines the definitions and conditions under which the Department of Children and Families may intervene. If a child is found to be in a harmful environment, the state has the authority to initiate protective actions, including temporary or permanent removal.
This applies equally to married, divorced, or legally separated parents. The court’s primary concern is the safety and best interests of the child, not the parents’ relationship status. If DCF substantiates a claim, the case may proceed to dependency court, where a judge can order services, supervision, or even place the child in foster care. Custody can then be modified or revoked based on the outcome of these proceedings.
Would Medical Marijuana Be a Viable Defense?
In short, it depends. Medical marijuana may be a viable defense in Florida if the parent is a registered patient using it legally under the Florida Medical Marijuana Legalization Initiative (Amendment 2).
Courts do recognize that qualified individuals have the right to use medical cannabis for approved conditions. However, the defense must show that the use does not impair parenting abilities or endanger the child’s health or safety. Responsible use, especially outside the child’s presence, can help mitigate concerns.
That said, medical marijuana use is not an automatic shield against custody challenges or CPS investigations. Judges still evaluate whether the parent’s behavior aligns with the child’s best interests under Florida Statute Section 61.13. If marijuana use contributes to neglect, impaired judgment, or an unsafe environment, the court may impose restrictions or modify custody. Importantly, the legal defense must be backed by documentation, compliance with state law, and evidence of a stable home life.
Do I Need a Florida Attorney for Help With Marijuana and Child Custody Issues?
If you are going through a divorce or legal separation involving a child, or if you are encountering any issues related to marijuana and custody, then you should immediately consult with an experienced Florida child custody attorney. LegalMatch can assist you in locating an attorney near you who is experienced in handling all issues related to custody, including the use of marijuana.
An attorney will be able to evaluate your case and make sure that your parental rights are protected throughout any legal proceedings. If you are involved in a CPS matter, they can also represent you in that matter, continually ensuring your rights are protected. They can also file any necessary pleadings and represent your interests in court, as necessary.
