If my husband wants to illegally grow pot and we have kids, will I lose custody of them and go to prison if he is caught?

My husband has been to prison twice before I met him. I have never been. I don’t want him to grow but I feel stuck and have no place to move to. I just don’t want to get in trouble for him. What is my liability for his actions?

Asked on November 27, 2011 under Family Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you knowing allow the cultivation and sale of marijuana in your home you could be arrested for being an accessory to the crime, you could also face conspiracy and other severe criminal charges. So you face the very real possibility of going to jail if you are arrested for this.

Additionally, if you go to jail you will obviously lose custody of your children. Yet, even if you are not jailed, you will in all likelihood fact the possibility that your children will be removed from your home. Child endangerment of any kind is taken quite seriously but most especially when drugs are involved.

If you truly feel that you have no place to move, at this point, you need to consult with a social worker or mental health professional. They can help.

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