The court imposed a condition that the mother obtain an alternate caregiver for the times that she panned to use marijuana.  The mother claimed to use marijuana for medicinal purposes, although she did not have a prescription.  She claimed to use it several times a week to help her fall asleep, which meant it had a sedative effect on her.  Even though a child might be in bed, a parent remains in a care giving role and young children require that a parent be responsive to their needs throughout the night.  The court put no weight on the fact that the federal government had plans to legalize marijuana.  In the view of the court, marijuana, like alcohol, whether legalized or not, has a negative effect on a parent’s capacity to properly care for the needs of a child.  Further, the fact that marijuana is still an illegal substance increased the court’s concern regarding the mother’s involvement in illegal activity in purchasing the drug and the use of a substance that is not controlled or regulated.

Please visit the link to read further: Durham Children’s Aid Society v. J.L.B., 2016 ONSC 6405 (Nicholson J.)