Tuesday, March 4, 2014
One of many reasons I find state marijuana reform so interesting relates to how developments in this novel legal realm can and will interact with other more traditional bodies of law. A conversation today with a colleague got me to thinking especially about the potential intersection of state marijuana reform and traditional family law.
I wonder, for example, if one parent in a heated custody dispute in Colorado or Washington might now argue that even small state-legal personal marijuana use, because such use remains a federal offense, should be consider against the other parent seeking custody. Similarly, I wonder how judges in states like California with a robust medical marijuana industry might consider and equitably divide a couple's assets in a divorce if and whenever those assets involve what federal law would still consider contraband and/or evidence of a federal crime.
Perhaps some of these issues have been hashed out in some family law setting, and I would be eager to hear (via e-mail or comments) about any leading or noteworthy cases in this general area.