Legal Question in Family Law in California

I am not sure what your question is. Note that even with a marijuana medical card, the judge has the power to look at the totality of the case and decide to restrict visitation and custody.

Ms. Kock is correct. The Judge can also restrict alcohol use when the child is with you, which is legal to imbibe without a prescription. The problem is that you can't just do a simple urine test for marijuana like you can alcohol. TCH is stored in the fat cells and you can test positive long after you have stopped. So, if you are stopping for the weekend only when you have the child, you are still going to test positive. That presents a problem of not being able to show exactly when the drug was used, or proving your sobriety during period of having custody of the child.

Hopefully your doctor can prescribe other medicinal relief that removes quickly from the system. For example, I very often put in orders that no party is to drink alcohol 24 hours before exercising custody. That allows the parent time to get the alcohol out of their system and avoids a positive test. If you can find something that would work with that type of time frame, for example, you may consider using the alternative and possibly avoid repeated testing.