What is the best regulatory framework for legalized marijuana? (Baker Institute Series)

[happyslug]

10. I do a lot of custody work, Marijuana almost never comes up, unless tied in with another drug

On the other hand, Alcohol does come up, but if the use is limited (i.e. not to excess) treated about the same, not much of an issue if someone uses alcohol or marijuana. The problem is harder drugs and alcohol drunk to excess. The courts will take those situations as serious factors when it comes to Custody and Visitation of a child for those situation are clearly harmful.

In my county we have a standard clause in all Custody and Visitation orders "No drinking of Alcohol to excess", which we tell the parities means an occasional beer is OK, but if they get drunk we have a problem (We also tell the clients the clause is in ALL of my county's Custody and Visitation Orders whether alcohol abuse is an issue or not).

On the other hand when Alcohol abuse has some support, the order is changed to "No Alcohol" when either party has the child. If I represent the party who is NOT accused of the abuse, my answer is "what is good for the gander is good for the goose" i.e. blanket ban on both when either had the child ends any fight over the clause being "reasonable" or not. My clients generally accept that position for they will gladly give up alcohol when they have the child, so that when the other parent has the child, that other parent does NOT have alcohol.

When my client is the parent who is accused of Alcohol or drug abuse, most accept the restriction as reasonable (for they admit they have a problem with Alcohol or drugs and are willing to at least try to give them up so they can see their child). As to those people who do NOT agree that they have a problem, I tell them to agree to show you are willing to address the concern of the other parent (This includes situations when the parent I am representing denies alcohol or drug abuse).

On the other hand Marijuana abuse almost never comes up (except when it is used with other harder drugs). My experience is most users of Marijuana falls into three categories:
1. Willing to give it up for they want to raise their family (most Marijuana users give it up by the time they turn 30, and most people reduce they alcohol consumption at about the same age. 30 is also when most people buy they first home, and have just started their families, thus they are no longer in the social networks where alcohol and Marijuana are big).
2. Occasional user so that giving it up when they have the child is no big deal
3. Does not show up for the hearing for they are to busy smoking, thus they get a Custody and Visitation order getting Visitation when the other parent is willing to agree to them to have Visitation.

Thus Marijuana almost never comes up in Custody cases, and when it does it is handle quickly and we get on to the real issues in the dispute over Custody and Visitation.

As to Drunks, they come up all the time in Custody Cases, and I have to differentiate between them and people who drink an occasional beer. Drunks are a constant headache for most people who are drunks are NOT willing to admit it, even after we hear all the testimony from people who know them that they can NOT handle Alcohol. It comes up over and over again (and then disappear for years as the drunk decide it is more important to get his or hers next drink then to see his or hers children, then they come back and we re-ligate the whole issue again.

I can deal with people who have an occasional drink with friends, but I have run across to many drunks to be to nice about them. The older I get and the more Custody and Visitation Cases I handle, the more I see why Prohibition had so much support, even when it was repealed. The support has to deal with Alcohol and Family law issues more then any other factor, while it is NOT unheard of, but in over 75% of the cases of abuse I handle, Alcohol is involved. These drunks are nice people once they are sober, but they just can not stay that way, and when they get drunk they turn mean and I end up filing a Protection From Abuse for someone and later a Custody and Visitation Petition for the same parent.