How Legal Marijuana May Be Affecting Divorce Rates in New Jersey
Since New Jersey legalized recreational marijuana in 2021, a lot has changed across the state. Most discussions have focused on the law’s legal and economic impact or how it affects public health, but one area that’s less frequently explored is how cannabis legalization might be influencing personal relationships, especially marriage and divorce.
A Quick Look at Marijuana Legalization in NJ
In February 2021, New Jersey officially legalized recreational marijuana for adults over the age of 21 through the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act. This law not only made it legal to possess and use cannabis but also paved the way for a regulated marketplace. It also included steps toward criminal justice reform, like expunging past marijuana-related convictions. As a result, marijuana use has become more socially acceptable and far more accessible than it was just a few years ago.
Societal Shifts and Changing Norms
The shift from prohibition to regulation has had ripple effects throughout society. Cannabis use is now more normalized, and that cultural shift can influence personal behavior, habits, and even family dynamics. Some people find cannabis helpful in reducing anxiety or managing stress—benefits that could, in theory, reduce tension in a marriage. But that’s not the full picture.
For others, marijuana use has become a source of friction in their relationship—especially when only one spouse partakes, or when use affects work, parenting, or household responsibilities. Like any habit, marijuana can either be integrated into a balanced lifestyle or become a point of conflict.
Is Legalization Leading to More Divorces?
It’s hard to say definitively whether marijuana legalization causes an increase in divorce. Many factors contribute to the end of a marriage, and it's rarely about one issue alone. However, some studies have looked into how cannabis use relates to relationship quality.
Research published in the Journal of Psychology of Addictive Behaviors found that couples who use marijuana together may have lower rates of intimate partner violence. On the other hand, couples where only one partner uses cannabis tend to experience more conflict and dissatisfaction.
This makes sense. When partners are not on the same page about lifestyle choices, tension can build—especially if cannabis use affects day-to-day responsibilities, parenting, or finances. And while New Jersey hasn’t released hard data linking cannabis use to rising divorce rates, New Jersey Family Lawyers have seen an uptick in cases where marijuana use becomes part of the conversation in custody battles or property division.
Marijuana Use and Family Law: What to Know
Legal marijuana doesn't mean there are no consequences—especially in family court. When it comes to child custody and parenting time, New Jersey courts always prioritize the best interests of the child. While the law makes clear that legal cannabis use alone isn’t enough to restrict parental rights, courts will look closely at how any substance use affects a parent's ability to provide a safe and stable home.
For example, if a parent uses marijuana and leaves edibles within reach of young children, or routinely uses cannabis in a way that impairs their ability to care for their child, it can absolutely become a legal issue. Responsible, discreet, and informed use is key for any parent who consumes cannabis.
What If You and Your Spouse Disagree About Cannabis?
This is where many couples find themselves struggling. One spouse may be fine with marijuana use—or may even use it themselves—while the other may be opposed for personal, cultural, or medical reasons. In some cases, these differences can lead to frequent arguments or a growing sense of disconnection.
Here are a few tips for couples navigating disagreements about marijuana:
Start the conversation early: If one partner plans to start using cannabis, it’s best to discuss expectations and boundaries ahead of time.
Set house rules: You might agree to not use marijuana in front of the kids or limit it to certain areas of the home.
Consider counseling: Sometimes, having a neutral third party help you work through these conversations can make all the difference.
Get legal guidance if needed: If cannabis use is creating serious conflict, especially during or after divorce, a family law attorney can help you understand your rights.
When Marijuana Becomes Part of Divorce Proceedings
If marijuana use is cited in a divorce case, it may come up in a few different contexts:
Child Custody: As mentioned, courts want to know that children are safe. If one parent’s cannabis use is seen as excessive or irresponsible, it could affect custody and visitation decisions.
Spousal Support: In some situations, if marijuana use contributes to job loss or financial instability, it could factor into alimony discussions.
Property Division: Cannabis-related investments (like a dispensary business) might be subject to division in the divorce. These can be tricky to value and often require special legal attention.
It’s important to be honest with your attorney about any cannabis-related concerns—whether they’re your own or your spouse’s. Transparency can help your legal team build the strongest case and avoid surprises later on.
So, What’s the Bottom Line?
Marijuana legalization in New Jersey has opened up new freedoms, but it has also introduced new challenges—especially when it comes to marriage and family law. If you're in a relationship where cannabis is creating tension, it doesn’t automatically mean divorce is the next step. But it is something worth paying attention to. If you're already going through a divorce, or are considering one, and marijuana use is part of the dynamic, you’ll want legal advice that’s informed by today’s changing landscape.
At Hoffman Family Law, we stay up to date on the evolving legal and social issues that impact families in New Jersey. We understand that every marriage—and every divorce—is different, especially in a time when laws and lifestyles are changing quickly. Whether you have questions about how marijuana use might impact child custody, or you’re facing a divorce where substance use is a point of contention, our team is here to help.
Contact us today to schedule a consultation and learn how we can support you.
