Medical Marijuana Bill to Address Custody Situations

by Annette Burns on November 29, 2010

A pending Bill in the Arizona legislature, which is circulating as the result of the passage of Proposition 203, which authorizes medical marijuana in Arizona, includes a reference to medical marijuana use in custody proceedings, as follows:

Proposed ARS 36-2813D:   No person may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under this Chapter, unless the person's behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.

As a reminder, Prop 203 stated that "A 'yes' vote shall have the effect of authorizing the use of marijuana for people with debilitating medical conditions who obtain a written certification from a physician and establishing a regulatory system governed by the Arizona Department of Health Services for establishing and licensing medical marijuana dispensaries."

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