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DuPage County parenting time lawyerWhen it comes to child custody, the court has one goal: to protect the child’s best interests. To do this, there are a variety of factors that are considered when allocating parenting time and decision-making responsibilities. Some of these factors include things such as the level of cooperation between the spouses, the child’s adjustment to their home, school, and community, and even the stability of each parent and their ability to facilitate a loving relationship with the other parent. Another factor that has come up in Illinois courts more recently is whether or not a parent’s legal marijuana usage can (or should) affect that parent’s child custody rights.

The Legality of Marijuana in Illinois

Prior to the beginning of 2020, marijuana use was only legal for registered medical marijuana patients. On January 1, 2020, recreational marijuana became legal in the state of Illinois. Under the new law, adults who are over the age of 21 are permitted to purchase and consume marijuana legally. Even though many states have decriminalized or legalized marijuana, the drug still remains illegal under federal law.

Marijuana Usage and Parenting Time

Within the Cannabis Regulation and Tax Act, the act that legalized and decriminalized marijuana in Illinois, there is a section entitled “Discrimination Prohibited.” This section specifically states that parents, legal guardians, or any other person who is responsible for the welfare of a child cannot be discriminated against because of their lawful use of marijuana or cannabis products. This means a court cannot limit your parenting time or decision-making responsibilities because of marijuana usage, as long as you use it in a lawful and responsible manner.

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