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Marijuana and Child Custody: Is CBD Legal in Texas for Minors


Recently Texas legalized hemp products and CBD oils: House Bill 1325.

CBD products containing less than 0.3% THC in Texas are legal for teenagers, children, and adults. House Bill 1325 doesn't specify any age requirement for the buyer of CBD products.

Therefore, using a legal product should not affect your child's custody, unlike the consumption of marijuana, which is illegal.

Using hemp products and CBD oils would be legal and would not adversely impact child custody, right?

The answer is it depends. The issues lie in the testing methods for marijuana.

The three testing methods for marijuana are:

  1. Urine
  2. Hair
  3. Nails

Drug screens test these three areas to look at THC levels in the body with a cut-off amount. This means if the THC levels in your body are above the cut-off amount, then the test deems that you have THC in your body and therefore have been using marijuana.

However, if your THC is below the cut-off amount, the test says it's too low and you have not been using marijuana.

Therefore, if CBD oils and hemp products don't contain THC, you should not test positive for marijuana in a drug test.

However, if your CBD oils or hemp products have THC, then you will likely test positive for marijuana.

If you place something with THC on your skin or ingest it in your body, it will get into your bloodstream, and you will likely produce THC in your urine, nails, and hair.

Remember that the Urine, Nails, and Hair THC cut-off amount is approximately nanograms per milliliter.

Marijuana and Child Custody: What does 15 nanograms per milliliter mean? Can I have four puffs of marijuana but not five every week?

Everybody's body process foods, oils, and drugs differently.

Therefore, there is no exact science about how much marijuana you can use before you are above the cut-off. However, 15 nanograms per milliliter would be approximately the same as one pen dot on one piece of paper. Therefore, it is likely even if you have one puff of marijuana or use THC oil. You will like to test positive for THC.

Therefore, if you use CBD oils or hemp products, ensure they do not have THC in them, as those can cause a positive test for marijuana.

Marijuana and Child Custody: if you are currently using marijuana and are in the middle of a Child Custody Case, what can you do?

First and foremost, if you are in a child custody battle or know a child custody battle could be looming, please do not consume marijuana.

If you are already using it, we recommend that you stop immediately. The idea that "it is only marijuana" can seriously weaken your case and limit your time with your children.

Additionally, please make sure your attorney knows that you are using marijuana.

Also, please ensure you are truthful with your attorney about the last time you used and how much you used, as each of the three-test focuses on different timelines for drug testing.

If you don't have an attorney, hire one, as they can help minimize the damage marijuana can have on your case.

Lastly, Texas Courts look at marijuana in terms of priorities.

If you continue to use marijuana during a child custody battle when you are not supposed to, you are placing marijuana above your children.

Texas Courts place children first and believe that the parents also need to.