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A Pennsylvania state lawmaker has filed legislation to protect the parental rights of medical cannabis patients in child custody disputes. If passed, the measure would prevent a parent’s status as a medical cannabis patient from being used against them in court.
Democratic state Sen. John Kane introduced the measure in the Pennsylvania Senate on July 17. In April, Kane circulated a memo to his colleagues in the Senate seeking support for the legislation.
In the memo, he related the story of one of his constituents, who was diagnosed with rheumatoid arthritis. The constituent, who was a registered medical marijuana patient, used cannabis to treat the symptoms of his condition. Despite current protections, the patient lost his custody rights after the results of a drug test showed he had tested positive for THC metabolites.
“To treat his pain without using addictive opioids, my constituent obtained a medical marijuana card and began using this medication to treat his arthritis. Medical marijuana has allowed him to manage his pain, maintain his work, and remain an attentive father to his three-year-old daughter,” Kane wrote in the co-sponsorship memo. “Despite following the guidelines set forth by Pennsylvania’s Medical Marijuana Act, the constituent found himself in a custody battle that has threatened his rights as a father and penalized him based on his status as a medical marijuana patient.”
Current Protections Not Enough
Kane said that the current provisions of Pennsylvania state law to protect the parental rights of medical cannabis patients were not enough to prevent discrimination against his constituent. The new bill, he added, would add more robust parental protections for parents who are medical cannabis patients. If adopted, the legislation would prohibit courts from using a parent’s status as a patient to justify ordering a drug test in a custody proceeding.
“The Medical Marijuana Act prohibits the lawful use of medical marijuana as a determinant of child custody. However, in my constituent’s case his use of medical marijuana was used against him to determine child custody,” Kane continued.
“In order to clarify and strengthen the child custody protections for medical marijuana patients, I am introducing legislation to amend Title 23 Section 5328 to prohibit the use of medical marijuana from being used to determine child custody or the sole reason to order a drug test in child custody cases,” the lawmaker added.
Kane’s bill, SB 926, would insert a single sentence into state law governing child custody cases, specifying that “a party’s lawful use of medical marijuana under [state law] alone is not enough evidence to determine child custody or require a party to undergo a drug test.” Under existing law, an individual’s “history of drug or alcohol abuse” can generally be considered by courts in child custody cases.
Cannabis and Parental Rights
Kane’s bill highlights a shortcoming of cannabis legalization laws in many states. Despite acknowledging that cannabis can be a legitimate medical treatment for many patients, some states do not explicitly grant medical cannabis patients the same rights as parents who use prescription drugs to treat medical conditions.
This year, lawmakers in states including Florida and Virginia have proposed legislation to protect the parental rights of medical cannabis patients. States that have already adopted policies specifically protecting parental rights include Arizona, California, Delaware, Hawaii, Illinois, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oklahoma, Utah, and Washington, according to information from the Marijuana Policy Project.
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
