Marijuana and Child Custody: can I smoke marijuana in Texas?


At the time of this blog, several states have decimalized recreational use of marijuana, however, Texas is not one of them. Therefore, the short answer is if you smoke marijuana in Texas you are participating in an illegal activity. The Texas Family Code requires Texas Courts to prioritize the best interest of the child, first and foremost. Therefore, allowing a child to be around an illegal activity can be devastating to a parent’s child custody, as Texas Courts will focus on keeping a child safe. No Judge wants to appear on the nightly news as the Judge that did not keep a child safe from illegal drug use. Therefore, Texas Courts will prevent a child from being around an 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 are participating in an illegal activity the court will determine that you are not making good parenting decisions and that you are likely endangering the child. Therefore, if you are smoking marijuana in Texas the Court will likely keep you away from your child, to make sure the child is not in danger.

Despite society softening towards the use of marijuana, many Texas Courts do not draw a distinction between marijuana and “hard drugs” such as cocaine, heroin, or methamphetamine. Therefore, a positive drug test showing marijuana in your system is looked at the same way as if you are consuming cocaine, heroin, or methamphetamine. A positive test for marijuana can damage your child custody and prevent you from spending unsupervised time with your child.

For more information about child custody issues in Texas, call Justice Law Firm, PC at (817) 421-0300.