Virginia Bill To Protect Rights Of Parents Who Use Marijuana Heads To Governor’s Desk

Virginia lawmakers have passed a bill to protect the rights of parents who use marijuana in compliance with state law.

The legislation from Del. Nadarius Clark (D) cleared both the Senate and House of Delegates last week in amended form. It now heads to Gov. Abigail Spanberger (D).

The bill is consistent with a measure Clark sponsored last session that advanced through the legislature, only to be vetoed by then-Gov. Glenn Youngkin (R).

The current proposal states that a “person’s legal possession or consumption of substances…alone shall not serve as a basis to restrict custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child.”

The bill also specifies that a parent or legal guardian can’t be construed to have failed a drug test over legal substances such as cannabis.

“HB 942 is a bill that states no parent shall lose their child custody or visitation for the sole legal possession or consumption of authorized substances,” Clark said on the House floor on Friday when urging the body to approve the Senate’s changes to his legislation. “The Senate put a substitution on this bill because there’s a current study going on a certain part of the code section, so we didn’t want to touch that until the study is complete.”

Youngkin, the former governor, claimed in his veto message last year that the prior measure introduced “unnecessary complications and risks exposing children to harm.”

“The bill disregards clear evidence linking substance use to child endangerment, particularly in the wake of increased incidents of children ingesting cannabis-infused substances following the legalization of marijuana,” he argued. “By broadly prohibiting courts from considering parental marijuana use in custody and visitation determinations, [the bill] risks prioritizing drug use over the health and well being of children.”

The then-governor also vetoed an even earlier version of the bill in 2024.

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While Spanberger, the current governor, hasn’t specifically weighed in on the parental rights legislation, she is generally more supportive of marijuana reform than her predecessor and backs legalizing recreational cannabis sales, which Youngkin also vetoed.

Legislation to legalize and regulate the adult-use marijuana market is also advancing toward the governor’s desk this session. The House and Senate passed differing versions of the reform and a bicameral conference committee has been appointed to negotiate a single proposal to send to Spanberger.

Virginia lawmakers have additionally sent the governor legislation to provide a pathway to resentencing for people with prior marijuana convictions.

Legislation to allow patients to access medical cannabis in hospitals is also set for Spanberger’s action.