How Marijuana Use Can Affect Child Custody in Nevada

Recreational marijuana has been legal in Nevada since 2017, but legality alone hasn’t settled how family courts treat parents who use it. Courts no longer treat cannabis possession as automatic proof of unfitness — but marijuana use can still shape the outcome of a custody case.

From Automatic Restriction to a Case-by-Case Standard

Nevada courts used to restrict contact between cannabis users and their children almost automatically. Possessing or using marijuana was illegal in most cases, and courts often treated that illegality alone as evidence of unfit parenting.

Nevada’s marijuana laws have changed quickly, and courts can no longer rubber-stamp cannabis use as proof of unfitness. That doesn’t make marijuana use irrelevant to custody — it just means the analysis has gotten more nuanced.

Courts Still Weigh Use Under the Best Interests Standard

Custody decisions in Nevada come down to the child’s best interests, judged under NRS 125C.0035. That standard directs judges to weigh factors like each parent’s mental and physical health and the child’s physical and emotional needs, which gives a court room to consider cannabis use without treating it as an automatic bar to custody.

Use vs. Abuse

Clark County Family Court tends to treat cannabis the way it treats other legal substances, like alcohol or prescription medication: the real question is use versus abuse. Parents with a genuine substance abuse problem understandably face closer scrutiny of their parental fitness, regardless of which substance is involved.

That distinction matters because it determines what the other parent — or the court — actually needs to prove. Occasional, private, responsible use rarely carries the same weight as a pattern that affects a parent’s judgment, availability, or the child’s day-to-day safety. Courts look for evidence of impact on parenting, not just evidence of use.

What Can Strengthen Your Case

If cannabis use is likely to come up in your custody case, a few practical habits tend to matter in how a judge sees you:

• Keep use away from your children entirely — never use in their presence, and never let them access your cannabis products.
• Avoid using immediately before or during any time you’re responsible for their care, including pickups and drop-offs.
• Store cannabis securely, the same way you would prescription medication or alcohol, so it isn’t accessible to a child.
• Never drive with your children in the car after using — this protects both your children and your custody case, since a DUI is one of the fastest ways to raise fitness concerns.
• If your case involves a custody evaluator or parenting coordinator, be straightforward about your use rather than letting it surface as a surprise; judges tend to react more negatively to perceived dishonesty than to disclosed, moderate use.

DUI Convictions and Parental Fitness

A DUI conviction tends to raise fitness concerns for most judges, since it signals possible substance abuse. Nevada’s impaired driving law, NRS 484C.110, applies the same standard to marijuana that it applies to alcohol and other legal or illegal substances — and even a small, legal amount of cannabis in a driver’s system can result in a DUI.

That makes moderation especially important. Treat marijuana the way you’d treat alcohol or medication: use it responsibly, in moderation, and only at appropriate times.

Medical Cardholders Get Specific Protection

Parents who hold a valid medical marijuana registry card get an extra layer of protection under Nevada law. NRS 125C.215 bars a court from denying custody or visitation rights to someone solely because that person holds a valid registry identification card.

That protection has limits, though. It stops a court from treating cardholder status alone as disqualifying — it doesn’t stop a court from considering actual impairment, abuse, or impact on parenting, the same way it would for any other legal substance.

Judges Retain Broad Discretion

Legalizing recreational marijuana didn’t obligate judges to condone its use or guarantee a parent unfettered contact with their children. Judges keep substantial discretion in custody determinations, and that discretion means a parent’s choices around cannabis use can genuinely affect the outcome of their case.

The key is reasonableness and moderation — the same standard courts apply to alcohol and other legal substances.

Moving Forward

If cannabis use is likely to come up in your custody case, it’s worth talking with a family law attorney who understands how Clark County judges actually handle these questions — not just what the statute allows.

At Jones & LoBello, we help clients build a custody strategy that accounts for how courts really treat marijuana use, so there are no surprises in the courtroom.