A mother of a three-year old child addicted to marijuana was denied shared custody after Quebec Superior Court held that her cannabis consumption compromised her parental skills.
In a ruling widely expected by family lawyers to be among the first of many the courts will hand down following the legalization of cannabis, Justice Jérôme Frappier held that the mother’s cannabis’ addiction, coupled with her anxiety attacks, represented a “serious risk” because she would be unable to adequately respond to the needs of her child if she had shared custody. Justice Frappier awarded custody to the father, and granted the mother visitation rights two out of every three weekends but only if she is not under the influence of cannabis or any other drug in the presence of her child.