Legal Question in Family Law in California

i am getting a divorce, my husband has a medical marajuana card, and believes it's for him to smoke it in front of my minor children. Is there anything I can to do to stop this behavior?


Asked on 4/26/10, 5:09 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Unfortunately there is nothing in the Medical Marijuana Program (MMP) that prohibits him smoking at his home (residence) in front of your children. Health & Safety Code section 11362.79 clearly states that a prescription does not give a person permission to smoke marijuana:

1) Any place where smoking tobacco is unlawful.

2) Within 100 feet of a school.

3) On a schoolbus.

4) In a motor vehicle while it is being operated.

and

5) While operating a boat.

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Answered on 5/01/10, 5:51 pm


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