Will Medical Cannabis Affect My Child Custody Arrangement?

Family Law and Medical Cannabis

Medical cannabis is a hot topic. Child custody is a major issue tying medical cannabis and family law together. Parents who require cannabis-based medical treatment are concerned. “Surely treating a medical condition under the supervision of a doctor won’t impact my child custody arrangement,” you might think. Unfortunately, it isn’t that simple.

Medical Cannabis in North Carolina

North Carolina does not broadly provide for cannabis-based medical treatments. In fact, the law allows cannabis-based treatments only for severe epilepsy-type conditions. The law restricts the amount of THC allowed, meaning that cannabis-based medical treatments use CBD as the active ingredient. CBD is not psychoactive. It cannot get a patient “high.” CBD is legal in North Carolina as long as it contains less than 0.3% THC.

Can My Ex Make Me Take A Drug Test?

You might be concerned that your child’s other parent could get you in trouble for using cannabis-based medicine. Know that your child’s other parent cannot force you to take a drug test. Your child’s other parent can request the court to have you take one. Whether you have to take the test will depend on the circumstances. If you have prior drug problems or a criminal history, you could have to take a drug test. If you have no such history, a court is unlikely to make you take a drug test.

Follow Your Doctor’s Advice

Only take medication under the supervision of a doctor. If you are using cannabis-derived medicine recommended by your doctor, be sure you use it only as your doctor has directed. If you are using your cannabis-derived medicine as allowed by the law and as prescribed, you have done nothing wrong. Using your medicine correctly is important for your health.

Concerns? Call A North Carolina Family Lawyer

If you think your child’s other parent may take action against you because you use a cannabis-derived medicine, call an attorney right away. At Remington & Dixon, we advise North Carolina clients in family law and criminal defense. Our lawyers will work to protect your rights and keep your family secure.


Are consultations free?

While we offer a free consultation on traffic matters, criminal matters, and most professional license defense cases, we charge a fee for family law consultations to personalize our consultations to your specific needs. To learn about our fee structure, please get in touch.

Where can I get legal advice?

We recommend meeting with an attorney. While there is free legal help available for North Carolina residents from pro bono resources for civil matters, and public defenders for criminal cases, the best way to access tailored advice is to hire a lawyer.

Can I hire you if I’m in another state?

This is done on a case by case basis if you are involved in a family law, criminal, or professional disciplinary matter that involves another jurisdiction.



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