At the time of this blogging, several states have decimalized recreational marijuana use. However, Texas is not one of them. Hence, the short answer is, if you smoke marijuana in Texas, you are participating in an illegal activity. According to the Texas Family Code, Texas courts must prioritize the child’s best interests first. Therefore, allowing a child to approach an illegal activity can be devastating to a parent’s custody as the Texas courts focus on getting a child to safety. No judge wants to appear on the nightly news as the judge who failed to protect a child from illegal drug use. Therefore, Texas courts prevent a child from being exposed to any illegal activity.
Even if you believe, or the judge believes, or the other parent believes, or scientists believe, or doctors believe that marijuana is completely safe to consume, it is still an illegal drug in Texas. Therefore, if you smoke marijuana in Texas, you are participating in an illegal activity. If you engage in any illegal activity, the court will find that you are not making good parenting decisions and are likely to put the child at risk. If you smoke marijuana in Texas, the court will likely keep you away from your child to make sure the child is not at risk.
Although society is slowing down marijuana use, many Texas courts do not differentiate between marijuana and “hard drugs” like cocaine, heroin, or methamphetamine. Therefore, a positive drug test that shows marijuana in your system is considered the same as if you were using cocaine, heroin, or methamphetamine. A positive marijuana test can damage your child’s custody and prevent you from spending time unsupervised with your child.
For more information on custody issues in Texas, contact the Justice law firm at 817.421.0300.