THC, Custody, and Changing Cannabis Laws in Georgia: What Parents Need to Know
As laws surrounding cannabis continue to evolve, both federally and in Georgia, the legal and social landscape of THC use and child custody is changing with it. What was once an automatic red flag in custody litigation is becoming a more nuanced issue, as judges, lawmakers, and even medical professionals grapple with where to draw the line between lawful use, dependency, and potential risk to children.
With Georgia’s Senate Bill 220 under consideration and new federal hemp restrictions on the horizon, parents navigating divorce or custody disputes need to understand how these developments may affect their cases, today and in the future.
Changes in Federal Law
When the 2018 Farm Bill federally legalized the cultivation and sale of hemp, it created a massive new industry built around CBD and low-THC products. The bill defined "hemp" as cannabis containing less than 0.3% THC by dry weight, effectively distinguishing it from marijuana under federal law.
However, the recent government funding bill that reopened the federal government has closed the hemp/THC "loophole" in the 2018 Farm Bill. Many hemp producers had been using the Farm Bill's language to create synthetic cannabinoids, like delta-8 THC, that produced intoxicating effects similar to marijuana.
The new federal measure will ban all hemp-derived products containing more than 0.4 milligrams of THC per container, a change that could wipe out nearly all of America's $28 billion hemp industry. Even nonintoxicating CBD products could become illegal. This provision, set to take effect in late 2026, could drastically reshape both the retail and legal environment for THC-based products across the country.
For Georgia residents, this means the state's current hemp-based THC laws may soon be rewritten, and municipalities may adopt their own divergent enforcement standards.
THC Use and Custody Cases: Evolving Judicial Attitudes
In Georgia custody disputes, the court's guiding principle is always the best interests of the child. Historically, any evidence of cannabis or THC use, regardless of legality, was often treated as evidence of unfitness, poor judgment, or risk to child safety.
But over the past several years, many judges have become more lenient, especially as hemp-derived and medical products have become legal under both federal and state law.
For example:
A positive THC test, on its own, is currently much less likely to play a significant role in custody determinations. Judges now consider the source, purpose, and impact of use.
Parents using low-THC oils or medical products with a valid Georgia prescription are often viewed differently than those using recreational marijuana.
The degree of impairment, not mere presence of THC, often matters most.
Still, judicial attitudes are far from uniform. Some judges remain highly skeptical of any THC use, particularly if there are allegations of neglect, poor supervision, or substance misuse.
In short: it's very case- and judge-dependent. If federal or state laws change to once again criminalize or restrict THC production and possession, those same judges may shift back toward stricter interpretations of what constitutes risky behavior for parents.
What Could Change Next
If the federal hemp crackdown takes effect and Georgia’s laws evolve in response, courts could begin viewing any THC-related use, medical or otherwise, more harshly. Local jurisdictions may also adopt stricter enforcement standards, meaning what’s acceptable in Atlanta could differ from what's tolerated in more rural counties or municipalities.
For parents in custody disputes, this creates an unpredictable environment. What feels like legal, harmless use today could become problematic evidence in a future modification or contempt proceeding.
Protecting Yourself in Custody Cases
If you are a Georgia parent who uses hemp-derived or medical THC products, you can take proactive steps to protect your custodial rights:
If taken medically, maintain documentation of all prescriptions, dosage instructions, and reasons for use.
Avoid using THC products around your children or during parenting time.
Do not drive under the influence, even of legal hemp or CBD products.
Consult with your attorney before submitting to any drug testing or admitting THC use in court filings.
When in doubt, the safest route will always be to abstain from THC (and other non-prescription drug) use when custody is at stake.
Transparency, moderation, and documentation are key.
Final Thoughts
As the debate around cannabis intensifies, both in Washington D.C. and under Georgia's Gold Dome, the legal landscape for parents who use THC products will continue to evolve. Judges in Georgia have shown increasing flexibility when it comes to lawful, limited THC use, but that trend could change quickly if federal or state lawmakers roll back legalization.
At Resurgens Legal Counsel, LLC, we help clients navigate these changing laws with care and strategy. Whether you are facing a custody evaluation, a contempt petition, or a motion to modify parenting time, we understand how to present your case in the best possible light—protecting both your parental rights and your reputation. If you have questions about your custody situation, contact us to discuss your options.