There are certain areas of the law that are considered the new frontier in child custody matters in Pennsylvania. One of those areas is the intersection of medical marijuana and child custody determinations. With the passage of the Medical Marijuana Act and the legalization of medical marijuana in Pennsylvania the issue of a parent’s marijuana use is not as clearly dispositive in a child custody case as it has been in the past.

Under the Medical Marijuana Act: “the fact that an individual is certified to use medical marijuana and acting in accordance with this act shall not by itself be considered by a court in a custody proceeding. In determining the best interest of a child with respect to custody, the provisions of 23 Pa. C.S. Ch. 53 (relating to child custody) shall apply.”

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