Florida Bill Filed to Ban Courts From Denying or Restricting Parental Rights Over Medical Marijuana

Legislation “prohibiting a court from denying or restricting certain parental rights based solely on a parent’s medical marijuana use” was filed yesterday in the Florida Legislature.

“A court may not deny or otherwise restrict a parent’s custody of a minor child or the parent’s visitation rights or parenting time with a minor child based solely on the parent’s status as a certified medical marijuana user pursuant to s. 22 381.986”, states the official text of Senate Bill 1496.

The measure states that there “is no presumption of neglect or child endangerment based solely on the person’s status as a certified medical marijuana user pursuant to s. 381.986. In determining the best interest of the child with respect to custody or dependency, the provisions of this section shall apply.”

The measure was filed Senator Tina Scott Polsky, who serves as Vice Chair of the Senate Governmental Oversight and Accountability Committee.

Senate Bill 1496 has not yet received a committee assignment. You can find the full text of the short one-page bill by clicking here.

Medical marijuana was legalized in Florida during the 2016 general election. The law allows those who receive a recommendation from a physician to possess and use medical marijuana, while allowing them to purchase the medicine from a license dispensary.

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