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.
Brandon double-majored in Political Science and Criminal Justice at the University of North Carolina at Charlotte. He earned his Juris Doctor from Barry University School of Law in Orlando, Florida. Throughout his career, Brandon has received numerous awards and recognition from his peers and agencies that rate attorneys. A few of these awards are from The National Trial Lawyers: Top 100 Trial Lawyer in 2014, The National Trial Lawyers: Top 40 Under 40 in 2014, Nation’s Top One Percent: National Association of Distinguished Counsel in 2015, Super Lawyers: Rising Stars in 2018 and 2019, and North Carolina Business Magazine: Legal Elite in 2019, among others.