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Child Custody, Utah Code Section 30-3-10, and medical cannabis

Section 30-3-10 provides some of the criteria the court must consider in analyzing and making its custody award. With the legalization of medical marijuana, the Utah legislature amended Section 30-3-10 to ensure that parents who legally use or sell medical marijuana are not penalized in the custody award process. Section 30-3-10(7) was amended to read as follows: (7) In considering the past conduct and demonstrated moral standards of each party under Subsection (1)(a)(i) or any other factor a court finds relevant, the court may not (a) consider or treat a parent’s lawful possession or use of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act, any differently than the court would consider or treat the lawful possession or use of an opioid or opiate; or (b) discriminate against a parent because of the parent’s status as a: (i) cannabis production establishment agent, as that term is defined in Section 4-41a-102; (ii) medical cannabis pharmacy agent, as that term is defined in Section 26-61a-102; (iii) state central fill agent, as that term is defined in Section 26-61a-102; or (iv) medical cannabis cardholder in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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