Medical Marijuana and Child Custody in Pennsylvania: What You Need to Know
May 15, 2025


The legalization of medical marijuana in Pennsylvania has provided relief to many individuals managing chronic conditions and illnesses. However, for parents involved in child custody cases, the use of medical marijuana can raise questions and concerns. Courts must balance the legal right to use medical marijuana with the best interests of the child, which is the cornerstone of custody decisions.

In this blog, we’ll explore how medical marijuana usage can impact custody cases in Pennsylvania and what parents need to know to navigate this complex issue.

Medical Marijuana Laws in Pennsylvania

Pennsylvania legalized medical marijuana in 2016 under the Medical Marijuana Act. The law allows patients with qualifying conditions to obtain a medical marijuana card and use cannabis as prescribed. This law explicitly protects patients from legal consequences for using medical marijuana as recommended by a certified physician.

However, these protections don’t automatically extend to child custody cases, where the court’s primary concern is always the child’s welfare.

How Courts View Medical Marijuana in Custody Cases

When determining custody, Pennsylvania courts evaluate several factors to decide what arrangement serves the child’s best interests. While medical marijuana is legal, a parent’s use can still come under scrutiny, especially if the other parent raises concerns.

Here are key considerations courts may evaluate:

  • Impact on Parenting Ability: Courts may assess whether a parent’s marijuana use affects their ability to care for the child, make sound decisions, and ensure the child’s safety.
  • Frequency and Method of Use: Courts may inquire whether marijuana use is strictly medical and how often it occurs. Methods like vaping or edibles might be less concerning than smoking in the presence of the child.
  • Documentation and Legitimacy: Having a valid medical marijuana card and adhering to prescribed use can demonstrate responsibility and compliance with the law.
  • Environment for the Child: Judges will examine whether medical marijuana use creates an unsafe or unhealthy living environment for the child. For instance, smoking marijuana around a child or improper storage of marijuana products could negatively impact a custody case.

Can Medical Marijuana Be Used Against You in Court?

Unfortunately, medical marijuana use can still be weaponized in custody battles. A parent may argue that the other’s use puts the child at risk, even if it is legally prescribed. While medical marijuana alone is unlikely to result in losing custody, it can complicate your case if paired with other concerns, such as neglect, erratic behavior, or unsafe conditions.

To mitigate these risks:

  • Always follow your physician’s recommendations and adhere to state laws regarding storage and use.
  • Avoid using marijuana in the presence of your child.
  • Be prepared to provide evidence that your use does not impair your parenting abilities or endanger the child.

Tips for Navigating Custody Cases as a Medical Marijuana Patient

  1. Be Transparent: Be upfront about your medical marijuana use with the court. Attempting to hide it could harm your credibility.
  2. Provide Documentation: Keep your medical marijuana card, physician recommendations, and prescription records on hand to demonstrate compliance with state laws.
  3. Focus on the Best Interests of the Child: Show the court how your home environment and parenting approach prioritize your child’s safety and well-being.
  4. Consult an Attorney: An experienced family law attorney can help you build a strong case and address any concerns the court or opposing party may raise about your marijuana use.

How Daley Zucker Can Help

Child custody cases involving medical marijuana are complex and emotionally charged. At Daley Zucker, we understand the challenges parents face in these situations and are here to advocate for your rights. Our family law attorneys in Harrisburg, PA, have experience navigating custody disputes and can help you develop a strategy to protect your relationship with your child.

If medical marijuana is a factor in your custody case, don’t leave your future to chance. Contact Daley Zucker today to schedule a consultation and ensure your rights are protected.

Closing Thought:
Medical marijuana can be a lifeline for individuals managing chronic conditions, but it can also become a contentious issue in custody disputes. By understanding your rights and working with a knowledgeable attorney, you can confidently navigate this complex legal landscape while prioritizing your child’s well-being.



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