By Michael Phillips | Florida Bay News
A newly filed bill in Tallahassee is reigniting a long-running debate at the intersection of family law, parental rights, and state-approved medical marijuana use.
The proposal, introduced for consideration in the Florida Legislature, would prohibit family courts from denying or restricting custody or visitation rights solely because a parent lawfully uses medical marijuana under Florida law.
What the Bill Would Do
Under current practice, judges in custody and visitation disputes retain broad discretion to consider a parent’s conduct when determining the “best interests of the child.” While medical marijuana is legal in Florida, parents and advocates have long argued that its use—particularly when recommended by a physician—can still be treated as a negative factor in family court.
The new bill would establish clearer guardrails. Specifically, it would:
- Prevent courts from presuming that medical marijuana use is harmful to a child.
- Bar custody or visitation restrictions based only on a parent’s status as a registered medical marijuana patient.
- Require evidence of actual harm or risk to the child before marijuana use could be considered in parenting decisions.
Supporters argue the measure simply aligns family law with Florida’s voter-approved medical marijuana framework, ensuring patients are not penalized for following state law.
Why It Matters in Family Court
Florida family courts regularly handle high-conflict custody cases, where allegations—sometimes thinly supported—can carry enormous consequences. In those settings, even legal behavior can become leverage.
Advocates say medical marijuana patients often face unequal treatment compared to parents who lawfully consume alcohol or prescription medications, despite the latter sometimes posing greater risks if abused.
“This bill is about fairness and consistency,” supporters argue. “Legal medical treatment should not become an automatic strike against a parent.”
Critics Raise Safety Concerns
Opponents of the proposal caution that marijuana use, even when legal, can impair judgment or reaction time, and they argue judges should retain full discretion to weigh those factors without statutory limits.
Some child-advocacy groups warn that codifying protections could make it harder for courts to act quickly in cases where substance use genuinely threatens a child’s safety.
Supporters counter that the bill does not prevent courts from intervening when there is real evidence of neglect, impairment, or endangerment—it simply prevents blanket assumptions.
A Broader National Trend
Florida is not alone in wrestling with this issue. Several states with medical or recreational marijuana laws have moved to explicitly protect parental rights, requiring courts to show actual harm before limiting custody or visitation.
The Florida proposal reflects a growing push to modernize family law to reflect changing state policies, while still prioritizing child welfare.
What Comes Next
The bill must still move through committee hearings and floor votes before reaching the governor’s desk. Its progress will likely depend on whether lawmakers view it as a narrow civil-liberties fix—or as an unwarranted constraint on judicial discretion.
For Florida parents navigating custody disputes, the outcome could carry life-altering implications.
Florida Bay News will continue tracking this legislation as it advances through the 2026 session.
Support Independent Journalism
Florida Bay News is part of the Bay News Media Network — a growing group of independent, reader-supported newsrooms covering government accountability, courts, public safety, and institutional failures across the country.
Support independent journalism that isn’t funded by political parties, corporations, or government agencies
Submit tips or documents securely — if you see something wrong, we want to know
Independent reporting only works when readers stay engaged. Your attention, tips, and support help keep these stories alive.
Florida Bay News 
Leave a comment