As New Jersey’s recreational cannabis industry gears up for retail sales to the public, an appeals court has resolved a potential obstacle for some customers. Parents’ use of recreational cannabis isn’t, by itself, a sufficient basis for the state to take away their children, the Appellate Division ruled Monday.

But case-specific evidence that such usage puts a child in danger, even if the risk is only prospective and no actual harm has occurred, is sufficient to terminate parental rights, the appeals court said.