Pot (Marijuana) is Now Legal so How Does it Affect My Divorce Case

Since 2021, it is legal to be in possession and to smoke a certain amount of marijuana (pot).  Soon, it will be legal to buy and sell pot. If you are getting divorced, you may want to know about some of the following questions:

  • What if I smoke pot?
  • What if I possess pot?
  • What if I sell pot?

Now that pot is legal to possess, the landscape has changed as far as divorces are concerned.  However, this does not mean that you are completely free to smoke/possess/sell pot while getting divorced – especially if there are children involved in your divorce.

If your divorce does not involve any children, then most likely whether or not you smoke pot, possess pot or even sell pot will probably make little difference in your divorce case.

It is when children are involved, that issues involving pot could have a negative impact. Most Judges are still fairly conservative and view “pot” as something that should not be around children.  Therefore, if you do smoke pot, you should do it when you don’t have the children.

If you do smoke pot, you could argue that your spouse condones it and knew about it for years and did nothing to stop you.  In this manner, your spouse has, through their own actions, has indicated that your smoking pot was not an issue.

As with alcohol, even though pot is legal, the Court doesn’t want you driving while “high” and prefer that you don’t expose the children to excessive use of pot.

If you smoke pot and are getting divorced or thinking about getting divorce, contact David Badanes, Esq. and the Badanes Law Office.  David Badanes has represented numerous clients who smoke pot. You can contact David Badanes, Esq. and the Badanes Law Office, P.C. today at 631-239-1702, email at david@dbnylaw.com or visit his web site at: www.dbnylaw.com.  The Badanes Law Office has offices in Northport and Uniondale.

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