There is no specific law in New York that says, “A parent cannot smoke marijuana in front of their child.” So, doing it is not a crime in the same way that stealing is a crime.
However, that does not mean it is always okay or has no risks. Another law, called the law against endangering the welfare of a child, could be used. This smoking in front of child law looks at whether a parent’s choices could hurt a child’s health, mind, or well-being.
Think of it like this: The law cares about whether a child is in a safe place. If a parent’s actions create a situation that is not safe, that is when problems can start. For example, a court once looked at a case where a parent smoked marijuana with their child. The court said this showed the parent was not thinking clearly about what was safe for their kid. It created a risk of harm.
So, the main idea is not whether you broke a specific rule. It is about whether your actions, including smoking weed, could be seen as putting your child in a harmful situation. The law wants to see that you are making good choices and that your child is always your top priority. It is less about the weed itself and more about your judgment as a parent.
Is the Use of Marijuana by a Parent Considered Child Endangerment?
No, simply using marijuana is not automatically considered child endangerment in New York. This is a very important point under the current New York weed laws. The state changed its laws recently to make this clear. The state understands that many adults use marijuana legally and responsibly.
For a court or Child Protective Services (CPS) to say your marijuana use is a problem, they have to prove something more. They must show that your use is actually hurting your child or is about to hurt them. The law uses words like “impaired” or “in imminent danger of becoming impaired.”
What does that mean in simple terms?
- Impaired: This means the child is being harmed right now. For example, are they missing school because you are too high to take them? Are they not getting food because you spent all your money on marijuana? Is their health bad because of constant smoke in the house?
- Imminent Danger: This means the child is very likely to be harmed soon. For example, are you driving with your child after smoking? Are you leaving marijuana edibles like gummies or cookies where a young child could find and eat them?
The focus is always on the child’s well-being. Are they safe? Are they healthy? Are their needs being met? A parent using marijuana does not, by itself, answer those questions.
Will CPS Take My Child for Smoking Weed in New York State?
Hearing from Child Protective Services (CPS) is a parent’s worst nightmare. It is natural to feel scared. But it is important to know that CPS cannot take your child away just because you use marijuana.
The law is very specific about this. Like we talked about before, CPS must have proof that your marijuana use is causing your child to be harmed or putting them in immediate danger. Someone telling CPS “I saw them smoke weed” is not enough to remove a child from their home.
CPS will open an investigation. They will want to talk to you, your child, and maybe others, like teachers or doctors. They are trying to get a full picture of your child’s life. They are looking for signs of neglect or abuse.
CPS might become concerned if they see things like:
- The home is very messy or unsafe.
- There is not enough food in the house.
- The parent seems unable to care for the child because they are high.
- The parent is using marijuana so much that they cannot keep a job or pay bills.
- There is a lot of smoke in the home, which could be bad for a child’s lungs.
If CPS gets involved, it is a very good idea to talk to CPS lawyers. These are lawyers who know how CPS works. They can help you understand your rights and guide you through the process. The goal of CPS is supposed to be keeping families together whenever it is safe to do so. A New York child custody attorney can help you show them that your child is safe with you.
Could the New York State Remove a Child From the Custody of Their Parents Regardless of Marital Status or Divorce?
Yes, a court can change child custody arrangements because of a parent’s marijuana use, but only in serious situations. This can happen whether the parents are married, separated, or divorced. The most important thing for the court is always what is best for the child.
Losing custody is the most serious outcome. It does not happen just because a parent uses marijuana. It usually happens when the marijuana use is part of a bigger pattern of behavior that shows the parent cannot provide a safe and stable home for the child.
For example, in one case, a mother lost custody of her child. She was not just using marijuana; she was using it so much that it was considered abuse. She also was not working with social services to make a better plan for her child’s future. The court saw a long-term problem that was not getting better, and it decided the child would be safer in a different home.
This is also a big issue when parents are not together. One parent might try to use the other’s marijuana use against them in court. For example, a father might worry about his child’s safety and start the process of filing for sole custody in New York. Or, a mother might want to change the current custody plan and file for a child custody modification in New York. Because these are serious legal actions, it is a good idea to seek a legal consultation with a New York lawyer to understand your rights and options.
In these cases, a judge will look at all the evidence. They might want to know:
- How often does the parent use marijuana?
- Does the parent use it when the child is with them?
- Has the parent ever put the child in danger (like driving high)?
- Is the child doing well in school and in life?
A judge may even order family court drug testing to see if a parent’s use is a real problem. The test results are just one piece of information the judge will use to decide what is in the child’s best interest.
Would Medical Marijuana Be a Viable Defense?
Yes, being a certified medical marijuana patient can be a strong defense in a custody or CPS case. New York law gives special protections to people who use marijuana for medical reasons with a doctor’s approval.
The law says that you cannot lose your rights as a parent just because you are a medical marijuana patient. This means a court cannot take away your child or change custody just because you have a medical card. Using medical marijuana is not considered neglect or child endangerment on its own.
However, there is a catch. The protection applies as long as your use does not put your child’s health or well-being at risk. It is the same rule as for recreational use: the child’s safety comes first.
For example, even if you are a medical patient, you still cannot:
- Be impaired or high while taking care of your child.
- Drive with your child after using your medicine.
- Leave your medical marijuana where your child could get to it.
Being a medical marijuana patient shows that you are using it for a health reason under a doctor’s care. This can look much better to a judge than simply using it for fun. It shows that your use is planned and managed. But you still have to be a responsible parent at all times. The focus will always come back to whether your actions, no matter the reason for them, keep your child safe.
Do I Need a New York Attorney for Help With Marijuana and Child Custody Issues?
You do not have to wait until things get bad to talk to a lawyer. Getting a legal consultation early on can help you understand the situation and make a smart plan. You can learn what you should and should not do to protect your rights as a parent.
If you are worried about marijuana use affecting your child custody situation, help is available. Finding the right New York child custody attorney can give you peace of mind and the support you need during a tough time.
