Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

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Tuesday, March 4, 2014

Seeking info about the intersection of state marijuana reform and traditional family law

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.

http://lawprofessors.typepad.com/marijuana_law/2014/03/seeking-info-about-the-intersection-of-state-marijuana-reform-and-traditional-family-law.html

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