Legal Question in Family Law in California

Courts routinely order drug testing where there is evidence, not just allegations, of drug use. However your use of marijuana is likely to be prohibited and tested for also.

You can request drug testing for your spouse. However you should be cautioned that the courts do not recognize medical marijuana cards. Since marijuana is still a federal crime, the courts will not likely find the card to be a legitimate reason to use marijuana. You may risk the chance of having DCFS become involved in your case if both parents are testing positive for drug use. I would recommend that prior to requesting that the court drug test that you cease the marijuana use as well.

I would disagree with the assessment of the other attorneys regarding your use of medical marijuana. Possibly, it is court specific, but I work only family law in both Riverside and San Bernardino courts. In both of those courts, they do not make a negative determination based on your proven necessity of medical marijuana. On the other hand, I would suggest you speak with your M.D. about alternative measures to work on alleviating your pain, other than the use of medical marijuana. I would suggest also that you have qualified legal representation to help you with these issues. Good luck!

I agree with Mr. Schneider. I'm in Northern California and I have found that medical marijuana used with a card is generally a non-issue. However, the Judge will want to make sure your not using when you have custody and control of the children. It is handled very similarly to alcohol use in my experience. In this situation I must state that is important to find a good family law attorney to assist you. These subjects are difficult for attorneys to argue at times and I don't think you should try it on your own.

I also agree about finding another way to control your pain issues. Especially if you are attempting to gain more custody time.

Good luck