Cannabis has been legal in Illinois for nearly a year. Many people wonder how their own or another parents cannabis use will effect a pending custody issue. The Illinois Legislature saw this issue coming and has provided some guidance in the Illinois Cannabis Regulation and Tax Act. In a section of the Act entitled “Discrimination Prohibition” clearly states that possession of cannabis, conduct related to its use, or participation in cannabis related activities, which are lawful under the Act, cannot be the sole or primary basis for an action or proceeding in a dissolution, paternity matter, adoption or DCFS initiated action. However, if a person’s actions as it relates to cannabis created an unreasonable danger to the safety of the child at issue, the court may be able to consider such evidence. However, it is illegal to knowingly use marijuana around anyone under the age of 21 and doing so can result in criminal charges being filed against you.  Furthermore, marijuana must be kept in a prepackaged child proof container at all times.

If you use recreational marijuana or if the other parent of your child uses, contact the Law of Allison Mosby-Scott to determine if cannabis use should be considered by the Court in your pending dissolution, parentage, or adoption matter.

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3992&ChapterID=35

 

Michael Fenger

Attorney