The state of Colorado recently made smoking pot not a crime. In other words, it is perfectly alright to possess and smoke marijuana in Colorado (as of January 2014). But what does this boil down to when children are involved and you are “high” as a kite in their presence? How does Colorado law square that with the “best interest of the child standard?”
Just like parents who drink alcohol, if you are around your children and your ability to parent is impaired, the Court can limit your parenting time.
If you are making bad decisions that are not in your children’s best interests, the Court can limit your parenting time. If you are subjecting your children to an injurious environment – which many believe second hand pot smoke and contact highs are – the Court can limit your parenting time.
The difference will most likely be seen in the way the court’s assess your use of marijuana. Testing has been done and the science of urine analysis tells the professionals what the level of THC is in your system and if you are the occasional recreational user or if you have chosen the wake-n-bake lifestyle that makes parenting without supervision not likely as you are probably legally impaired most of the time.