blog home Child Custody A Pennsylvania Father Lost Custody Over THC—Could It Happen to You?

A Pennsylvania Father Lost Custody Over THC—Could It Happen to You?

By Sheryl Rentz on April 15, 2025

In a widely discussed Pennsylvania custody case, a father lost his visitation rights after testing positive for THC, even though he was a registered medical marijuana patient.

Despite the father’s use of cannabis being legal under state law, the court determined that it posed a potential risk to the child. This ruling has left many Pennsylvania parents asking if legally using medical marijuana can really cost them custody of their child.

At The Law Offices of Sheryl R. Rentz, P.C., we’ve been guiding Montgomery County parents through custody battles for over 30 years.

As the legal landscape evolves, medical marijuana and custody in Pennsylvania have become one of the most urgent and misunderstood issues in family law. Here’s what you need to know and do if THC use becomes a factor in your case.

Medical Marijuana Is Legal—But Pennsylvania Family Court Is a Different Story

Pennsylvania legalized medical marijuana in 2016, allowing patients with qualifying conditions to obtain cannabis products through registered dispensaries. But family court marijuana use is governed by a different standard.

In custody matters, the court’s focus is not on legality. It’s in the best interests of the child. That means any substance use, even if legal and prescribed, can be scrutinized if the opposing party raises concerns about the child’s safety, stability, or well-being.

In the THC custody case in Pennsylvania, the father’s lawful use of medical marijuana became a focal point. A positive drug test, combined with a lack of clarity around how and when the drug was used, led the judge to suspend visitation rights temporarily.

While the decision may ultimately be appealed or modified, it highlights the dangerous gray area surrounding medical issues and parental rights in Pennsylvania.

How Family Courts Treat THC Tests

Unlike alcohol or hard drugs, THC lingers in the body for days or even weeks after use, especially for long-term or medical users. This means a parent may test positive even if they are not under the influence and are fully capable of caring for their child.

Unfortunately, not all judges or opposing attorneys fully understand this science. A positive THC test can trigger assumptions about irresponsibility, impairment, or endangerment—none of which may be true.

In this case, the judge acknowledged the legality of medical marijuana but still ruled against the father. This sets a troubling precedent for other parents who use cannabis legally but may still be at risk in custody disputes.

How Family Courts View Substance Use

Pennsylvania courts assess custody using the best interest of the child standard. This includes factors like:

• The mental and physical health of the parents
• The capacity of each parent to provide a safe, stable home
• Any history of substance abuse or misuse
• The child’s needs, age, and developmental stage
• Each parent’s willingness to encourage a relationship with the other parent

Even if you’re using cannabis legally under Pennsylvania’s medical program, a court could interpret that use as a risk factor, especially if your co-parent raises it during a custody hearing. This is particularly true in cases involving custody and drug testing, where test results can become a pivotal piece of evidence.

Protecting Your Parental Rights

If you’re a registered medical marijuana patient or are considering becoming one, there are steps you’ll want to take to minimize legal risk in a family law case.

Be Transparent with Your Attorney

Let your custody attorney know about your cannabis use immediately. This allows them to develop a strategy, prepare for potential challenges, and ensure their use is portrayed accurately and lawfully.

 Document Medical Necessity

Maintain complete and updated documentation, including your medical marijuana card, physician recommendations, dosage instructions, and a list of conditions being treated. This documentation can help frame your use as medical and therapeutic, not recreational or excessive.

Avoid Using Marijuana Around Your Child

While your medical marijuana use may be legal, using cannabis in front of your child or in their home can be viewed negatively by the court. Ensure that all use is private and cannabis products are secure in a child-proof location.

Get Expert Testimony

If your parenting ability is questioned based on THC use, your attorney may recommend calling a medical expert or toxicologist. These professionals can explain how THC functions, clarify test results, and dispute claims that your use equates to impairment.

Legal Weed Doesn’t Guarantee Legal Protection

Many parents assume that because medical marijuana is legal in Pennsylvania, it’s safe to use without legal consequences in family court. Sadly, that’s not always true.

Legal weed custody issues arise when judges interpret the presence of THC as inherently risky, even without evidence of abuse or neglect. In the recent Pennsylvania THC child custody case, the father’s use was not criminal, but the perception of risk led to a loss of visitation rights.

How Your Lawyer Can Help

The Law Offices of Sheryl R. Rentz, P.C., has seen firsthand how family courts can misread the role of medical cannabis in a parent’s life. Our approach is to anticipate these challenges early, present evidence clearly, and ensure the court hears about the full context of a positive drug test.

We build a defense that emphasizes your capability as a parent, supported by medical records, expert opinions, and carefully framed testimony.

Talk to a Montgomery County Divorce and Family Law Attorney Today

If you’re a Pennsylvania parent who uses medical marijuana legally and responsibly, you shouldn’t have to worry about losing custody. But as recent cases show, you could require the services of an experienced legal advocate to protect your rights and your family.

That’s where The Law Offices of Sheryl R. Rentz, P.C., comes in. Don’t let fear or misinformation stand between you and your child. We’ll help you make your case.

Call (610) 645-0100 to schedule a confidential consultation today. You can also visit www.srrentzlaw.com to learn more about how we help parents in Montgomery County receive fair and informed custody rulings.