Virginia Bill Protects Parental Rights for Marijuana Users, Heads to Governor’s Desk
A bill aimed at safeguarding the rights of parents who use marijuana in compliance with state law has cleared both the Virginia Senate and House of Delegates and is now headed to Governor Abigail Spanberger’s desk.
The legislation, sponsored by Delegate Nadarius Clark (D), ensures that a parent’s legal possession or consumption of substances, including marijuana, cannot be used as a sole basis to restrict custody or visitation rights. The bill also specifies that a parent or legal guardian cannot be deemed to have failed a drug test solely due to legal substances like cannabis.
Clark’s bill is a revised version of a similar measure he introduced last year, which was vetoed by then-Governor Glenn Youngkin (R). Youngkin had argued that the bill would introduce “unnecessary complications and risks exposing children to harm” by prioritizing drug use over the well-being of children.
The current bill includes a provision that allows for a study to be conducted on a specific section of the code before making any changes. This provision was added in the Senate, which substituted the bill for the House version.
Governor Spanberger, a Democrat, has not publicly commented on the bill. However, she has expressed support for marijuana reform and legalizing recreational cannabis sales, which Youngkin vetoed.
The bill is part of a larger package of marijuana-related legislation advancing in Virginia this session. The state is also considering bills to legalize and regulate the adult-use marijuana market, provide a pathway to resentencing for people with prior marijuana convictions, and allow patients to access medical cannabis in hospitals.
