What Do Charlie Sheen and Ninja Turtle Kush Have in Common?
What do you think of when you read the following phrases?
Ninja Turtle Kush.
Are you confused or laughing right now? If you are confused, you probably know these terms:
As we approach the one year anniversary of marijuana legalization in Massachusetts, here are a couple of quick updates to laws within the Commonwealth:
Chapter 55 of the Acts of 2017 created the Cannabis Advisory Board and Cannabis Control Commission. The board is making recommendations regarding regulations and taxation of marijuana. Cities and towns may establish zoning by-laws and ordinances which allow commercial growing and cultivation. Cities and town may also impose a local sales tax of up to 3% upon the sale of marijuana and marijuana products (in addition to the 17% percent state sales tax);
Chapter 94I has specified that a person cannot be arrested or prosecuted for being in the presence of medical use and that insurance companies are not obligated to reimburse patients for the use of medical marijuana.
As always, please let us know if you have questions regarding this or anything else.
The perspectives of judges regarding marijuana use by a parent has been easing over the last 10 years as decriminalization and medical use have become our norm. With recent changes, some have asked us how it will effect custody and visitation. From a recent news blast from the Bristol Probate and Family Court:
Section 7 (d) of the Marijuana Tax Act addresses personal use of marijuana and its effect on child custody proceedings and provides:
Absent clear, convincing and articulable evidence that the person’s actions related to marijuana have created an unreasonable danger to the safety of a minor child, neither the presence of cannabinoid components or metabolites in a person’s bodily fluids nor conduct permitted under this chapter related to the possession, consumption, transfer, cultivation, manufacture or sale of marijuana, marijuana products or marijuana accessories by a person charged with the well-being of a child shall form the sole or primary basis for substantiation, service plans, removal or termination or for denial of custody, visitation or any other parental right or responsibility.
Section 7 (d) of Chapter 94G follows established case law regarding the use of marijuana and child custody proceedings. There needs to be clear and convincing evidence of a nexus between a parent’s drug use and the parent’s ability to parent a child in order for the parent to be found unfit and parental rights terminated.
For more information, please check out our website www.wjslegal.com or call us at (508)319-1529.
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