In short, it depends. In North Carolina, recreational marijuana use remains illegal, and medical marijuana is not broadly legalized. In fact, only limited use of low-THC cannabis products is permitted under specific medical conditions. Smoking marijuana in front of a child, even under a medical exception, can raise serious legal concerns depending on the context and perceived risk to the child’s welfare.
Although there is no smoking in front of child law in North Carolina that explicitly prohibits smoking marijuana in front of a child, such conduct may be interpreted as child neglect or endangerment under state law. North Carolina General Statutes Section 7B-101 defines neglect to include situations where a child lives in an environment injurious to their welfare. If marijuana use compromises a parent’s ability to care for their child or creates an unsafe or unhealthy home setting, it may prompt involvement from the Department of Social Services (“DSS”) and influence custody or visitation decisions.
In family law cases, judges will always prioritize the child’s best interests under North Carolina law. 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.
If you are having any issues related to marijuana in the presence of a child, then it is recommended to set up a lawyer consultation with a North Carolina lawyer who has experience in handling matters related to a child endangerment case. They can answer any questions you may have and help you also determine your best course of legal action.
Is the Use of Marijuana by a Parent Considered Child Endangerment?
In short, it depends on the circumstances. In North Carolina, marijuana remains illegal for recreational use, and medical cannabis is only permitted in limited forms under tightly controlled conditions. If a parent uses marijuana, legally or otherwise, and that use affects their ability to care for their child, creates an unhealthy living situation, or exposes the child to secondhand smoke, it may raise serious concerns under North Carolina’s child welfare laws.
North Carolina General Statutes Section 7B-101 defines neglect to include situations where a child lives in an environment that is harmful to their physical, emotional, or mental well-being. In custody and visitation disputes, courts assess whether a parent’s conduct poses a risk to the child’s safety or development. Frequent or careless marijuana use, especially in the child’s presence, can influence a judge’s decision and may lead to conditions such as supervised visitation or court-ordered drug testing, even if the parent claims medical use.
Ultimately, the court’s focus is always on the child’s best interests. Marijuana use alone may not automatically result in a finding of neglect or endangerment, but when paired with other concerns, such as poor decision-making, unstable living conditions, or lack of supervision, it can become a major factor. Parents involved in custody proceedings should be ready to show that they maintain a safe, stable, and healthy environment for their child.
Will CPS Take My Child for Smoking Weed in North Carolina State?
In North Carolina, the Department of Social Services (i.e., the CPS lawyers for the state) may investigate a parent for marijuana use, particularly if it occurs in the presence of a child or interferes with the parent’s ability to provide adequate care. Recreational marijuana remains illegal in the state, and medical cannabis is only permitted in limited, low-THC forms under strict conditions.
If DSS believes that a parent’s marijuana use endangers the child’s health or safety, they may initiate protective actions, which could include temporary removal or court involvement under North Carolina General Statutes § 7B-101, which defines abuse, neglect, and dependency.
Attorneys representing DSS often become involved when a case escalates to juvenile court or when a parent’s conduct raises concerns about child welfare. These legal professionals advocate for the child’s safety and may recommend interventions such as parenting education, substance abuse assessments, drug testing, or supervised visitation. If the court finds that the parent’s behavior poses a significant risk, such behavior may result in modification of the custody order in North Carolina in order to protect the child’s well-being.
A parent under DSS scrutiny may also face changes to custody orders if the other parent petitions the court, arguing that marijuana use threatens the child’s welfare. Judges in North Carolina prioritize the child’s best interests and may award primary full custody in North Carolina to the other parent if the circumstances warrant it.
It is important to note that in North Carolina, Child Protective Services (“CPS”) may request drug testing during an investigation under CPS drug testing law in North Carolina, if substance use is suspected to impact a child’s safety. In order to avoid such outcomes, it is essential for parents to demonstrate responsible conduct, comply with state laws, and maintain a safe, stable home environment.
Could the North Carolina State Remove a Child From the Custody of Their Parents Regardless of Marital Status or Divorce?
Yes, as noted earlier, the State of North Carolina can remove a child from a parent’s custody regardless of marital status or divorce if there is credible evidence of abuse, neglect, or danger to the child’s well-being. The Department of Social Services has the authority to intervene when a child is found to be living in conditions that threaten their safety or development.
Under North Carolina General Statutes Section 7B-101, neglect and abuse are defined broadly to include exposure to harmful environments or failure to provide proper care. If DSS determines that intervention is necessary, the state may initiate protective measures such as temporary removal, court oversight, or placement in foster care.
This applies equally to married, divorced, or separated parents. The court’s overriding concern is the child’s best interests, not the parents’ relationship status. If DSS substantiates a claim, the matter may proceed to juvenile court, where a judge can impose services, supervision, or modify custody arrangements based on the findings.
Would Medical Marijuana Be a Viable Defense?
In short, it depends on the situation. In North Carolina, medical marijuana is not broadly legalized, and only limited use of low-THC cannabis products is permitted for specific medical conditions. While a parent may argue that their use of such products is lawful and medically necessary, this defense must be supported by clear documentation and compliance with state regulations.
Courts in North Carolina focus on whether the parent’s behavior affects the child’s safety, health, or emotional well-being. Even if the use is legal under narrow medical guidelines, it must not interfere with parenting responsibilities or create an unsafe environment. Responsible use, especially outside the child’s presence, may help reduce concerns, but it does not guarantee protection from legal scrutiny.
Medical marijuana use is not a blanket defense against custody disputes or DSS investigations. Judges will still assess whether the parent’s conduct aligns with the child’s best interests under North Carolina law. If cannabis use contributes to neglect, poor decision-making, or an unstable home, the court may impose conditions such as supervised visitation, drug testing, or changes to custody. It is important to note that a strong legal defense requires proof of responsible behavior and a safe, supportive living environment.
Do I Need a North Carolina Attorney for Help With Marijuana and Child Custody Issues?
If you’re facing a divorce or separation involving children in North Carolina, or dealing with custody concerns related to marijuana use, it’s recommended to meet with a qualified North Carolina child custody attorney as soon as possible. LegalMatch can assist you in locating a lawyer near you who is familiar with handling matters related to marijuana use and custody. A lawyer familiar with state custody laws and substance-related issues will be able to help you navigate the legal process and protect your parental rights.
Whether you’re responding to a DSS investigation or involved in a custody dispute, an attorney can assess your situation, prepare necessary filings, and advocate for your interests. They’ll also ensure that your rights are upheld throughout any legal proceedings and help you present a responsible and stable parenting plan that aligns with North Carolina’s focus on the child’s best interests. Finally, they can also represent you in court, as needed.
