In December 2008, Michigan enacted the Michigan Medical Marihuana Act which protects the growing and using of marijuana for certain medicinal purposes. The Michigan Department of Licensing and Regulatory Affairs reports that: 214,209 original and renewal applications were received since April 6, 2009, 131,308 patient registrations were in fact issued; and 22,123 applications had been denied[1]. It’s evident that some of these applicants are parents of minor children.

Only time will tell how the Medical Marihuana Act, MCL 333.26421-26430, will affect custody and parenting time as years progress. Currently, the law states:

A personal shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated. MCL 333.26424(c).

As more and more cases are evolving in the lower courts over the use of medical marijuana, the phrases creates a unreasonable danger and clearly articulated and substantiated will inevitably be defined. MCL 333.2624(c) will also have a dynamic interplay with MCL 722.23 and MCL 722.27(6).

[1] http://www.michigan.gov/lara/0,1607,7-154-27417_51869—,00.html