Recently, Texas legalized hemp products and CBD oils. This means that hemp products and CBD oils are legal to use in Texas. Therefore, using a legal product shouldn’t compromise custody of your child, unlike using marijuana illegally. The use of hemp products and CBD oils would be legal and therefore would not be detrimental to custody, would it? The answer is, it depends. The problems lie in the testing methods for marijuana.
The three testing methods for marijuana are urine, hair, and nail drug tests. These three tests examine the levels of THC in the body with a limit amount. This means if your THC level in your body is above the limit, the test will assume that you have THC in your body and that you have used marijuana as a result. However, if your THC is below the limit, the test says it is too low and you haven’t used marijuana. Therefore, if your CBD oils and hemp products do not contain THC, you shouldn’t test positive for marijuana on a drug test. However, if your CBD oils or hemp products contain THC, you will likely test positive for marijuana. If you put something with THC on your skin or ingest it, it gets into your bloodstream and you are likely to produce THC in your urine, nails, and hair. Note that the limit of THC for urine, nails and hair is approximately nanograms per milliliter.
What does 15 nanograms per milliliter mean? Can I have four puffs of marijuana but not five a week?
Every body processes food, oils and drugs differently. Hence, there is no exact science about how much marijuana to use before it is above the limit. However, 15 nanograms per milliliter corresponds roughly to one point of a pen on a piece of paper. Hence, even if you have a puff of marijuana or use THC oil, chances are you’ll like a positive THC test.
Therefore, if you are using CBD oils or hemp products, make sure they do not contain THC, as these can cause a positive marijuana test.
If you are currently using marijuana and you are in the middle of a custody case, what can you do?
First and foremost, you shouldn’t use marijuana if you are in a custody battle or know that a custody battle is imminent. If you are already using it, we recommend that you stop right away. The idea that “it’s just marijuana” can seriously weaken your case and limit your time with your children.
Also, make sure your attorney knows that you are using marijuana. Also, make sure you are honest with your attorney about the last time you used and how much you used as each of the three tests to focus on different drug testing schedules. If you don’t have a lawyer, make sure you hire one as they can help minimize the harm marijuana can do to your case.
Finally, the courts of Texas consider marijuana in terms of priorities. If you continue to use marijuana during a custody battle when you shouldn’t, place marijuana over your children. The Texas courts put children first and believe that parents should too.
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