Pennsylvania Lawmakers Push To Protect Medical Marijuana Patients In Child Custody Cases After Father Loses Rights Over THC Test
From toxifillers.com with love
Pennsylvania lawmakers are taking action to clarify that a person’s status as a medical marijuana patient cannot be used against them in parental custody rulings in family court.
While state statue clearly stipulates that lawful use of medical cannabis “shall not by itself be considered by a court in a custody proceeding,” a father’s recent experience losing custody rights after testing positive for THC metabolites has exposed an apparent implementation issue.
After David Levi—a registered medical cannabis patient with severe arthritis—sought financial support from his daughter’s mother in family court, his use of marijuana became a determining factor, contrary to what’s prescribed under state law.
“By the time they were done with me, I became a drug user—not a prescribed user—and that’s my tagline” in the eyes of the court, Levi told Marijuana Moment. “And two days before my father died, I got an email, and it was that the judge had ordered to take away all of my rights as a father.”
“I went from 50-50 custody to not being able to drive my daughter, and I’m only allowed to have overnight visits with her every other week,” he said.
Sen. John Kane (D) learned about his constituent’s story and, last week, circulated a cosponsorship memo to build support for forthcoming legislation to both clarify the existing statute and also make it so a person’s medical cannabis patient status cannot be used to determine child custody or to justify a drug test in a custody case.
“To treat his pain without using addictive opioids, my constituent obtained a medical marijuana card and began using this medication to treat his arthritis,” Kane wrote. “Medical marijuana has allowed him to manage his pain, maintain his work, and remain an attentive father to his three-year-old daughter.”
“Despite following the guidelines set forth by Pennsylvania’s Medical Marijuana Act, the constituent found himself in a custody battle that has threatened his rights as a father and penalized him based on his status as a medical marijuana patient,” he said, adding that current statute “prohibits the lawful use of medical marijuana as a determinant of child custody.”
“However, in my constituent’s case, his use of medical marijuana was used against him to determine child custody,” the senator said. And to address the issue, he will be filing legislation to “amend Title 23 Section 5328 to prohibit the use of medical marijuana from being used to determine child custody or the sole reason to order a drug test in child custody cases.”
The text of the bill hasn’t been filed yet. But on the House side, a Republican lawmaker has since committed to work on the issue as well, Levi said.
A staffer at the office of Rep. Jamie Flick (R) confirmed to Marijuana Moment that the legislator intends to work together with Kane on a legislative fix to prevent future custody issues related to medical cannabis.
This comes in the background of a stepped-up push to legalize cannabis for adult use in the Commonwealth—with bipartisan lawmakers seeking to advance various proposals and the governor again calling for legalization as part of his budget request.
While Levi doesn’t oppose the reform in principle, he said, “I don’t think recreational [legalization] is very smart if we can’t protect the medical patient.” And he suggested that industry stakeholders should be proactively supporting those protections, including in child custody cases like his own, before putting all of their resources into advancing adult-use legalization.
An independent Pennsylvania agency recently projected more tax dollars to be generated from adult-use marijuana sales compared to what the governor’s office has estimated, although it expects significantly less overall revenue from cannabis legalization due to differing views on licensing fees.
Meanwhile, a Republican Pennsylvania senator recently called for the creation of a state “legacy” fund, using tax revenue from adult-use marijuana sales and gaming to make long-term investments in the Commonwealth’s economy.
As the legislature once again debates various cannabis legalization proposals, the senator is making the case that, beyond using any resulting tax revenue to fund day-to-day projects and public services, the state should earmark a portion of those tax dollars for a fund to “provide a sustainable source of prosperity that lasts for generations.”
Pennsylvania House Speaker Joanna McClinton (D) recently said that Democrats are ready to pass a marijuana legalization bill this session, but that the party “will need Republican support” to get the job done—adding that it will be a “heavy lift.”
Another Democratic lawmaker said legislature is “substantially closer” to reaching a deal on marijuana legalization, and an initial vote on a bipartisan cannabis reform bill could come as early as this month.
Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, owing in large part to GOP opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.
Rep. Rick Krajewski (D)—who announced in December his intent to file a legalization measure alongside House Health Committee Chair Dan Frankel (D)—also recently said the policy would provide for “more responsible usage” of cannabis, compared to the status quo that’s left adults either buying from the illicit market or traveling across state lines to get regulated products.
Separately last month, the Pennsylvania House approved a bill sponsored by Frankel that’s meant to strengthen safety standards and oversight of the state’s medical marijuana program as lawmakers work to advance adult-use legalization.
While Pennsylvania’s medical cannabis program was enacted nearly a decade ago, lawmakers say the measure, which now heads to the Senate, is necessary to improve testing compliance, product audits and lab inspections, among other aspects of the industry.
Meanwhile, Pennsylvania Democratic lawmakers recently introduced a bill that would allow farmers and other small agriculture operators to sell marijuana they cultivate to existing growers and and processors if the state moves to legalize adult-use cannabis.
—
Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—
Also, in a video interview released last month, the governor emphasized that the state is “losing out” to others that have already enacted adult-use legalization, while maintaining a policy that’s enriched the illicit market.
“I think it’s an issue of freedom and liberty. I mean, if folks want to smoke, they should be able to do so in a safe and legal way,” he said. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians are driving to those other states and paying taxes in those other states.”
Pennsylvania’s Republican attorney general recently said he wants to be a “voice for potential public safety risks” of enacting the governor’s proposal—though he said his office would be ready to enforce the new law if lawmakers did vote to pass it.
The state’s agriculture secretary separately told lawmakers that he’s fully confident that his department is in a “really good” position to oversee an adult-use marijuana program if lawmakers act.
Meanwhile, in February, top Pennsylvania police and health officials told lawmakers they are prepared to implement marijuana legalization if the legislature moves forward with the reform—and that they stand ready to work together as the details of legislation to achieve it are crafted.
Amid the growing calls for marijuana legalization in Pennsylvania, a GOP state senator said prohibition has been a “disaster,” and a regulated sales model for cannabis—similar to how alcohol and tobacco are handled—could serve as an effective alternative.
A Republican Pennsylvania senator also recently defended the push to legalize and regulate marijuana, calling it “the most conservative stance” on the issue.
Separately, a recent poll shows that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses, rather than through a system of state-run stores as some legislators have promoted.
Maryland Lawmakers Pass Bill Clarifying Marijuana Consumption Lounge Rules And Letting Owners Sell Cannabis Companies To Employees
Photo courtesy of Chris Wallis // Side Pocket Images.
The post Pennsylvania Lawmakers Push To Protect Medical Marijuana Patients In Child Custody Cases After Father Loses Rights Over THC Test appeared first on Marijuana Moment.