Virginia House Passes Bill To Protect Rights Of Parents Who Use Marijuana

The Virginia House of Delegates has approved a bill to protect the rights of parents who use marijuana in compliance with state law.

The legislation from Del. Nadarius Clark (D) is consistent with a measure he sponsored last session that advanced through the legislature, only to be vetoed by then-Gov. Glenn Youngkin (R). The latest version passed the House in a 62-37 vote on Tuesday.

Under the proposal, possession of use of cannabis by a parent or guardian on its own “shall not serve as a basis to deem a child abused or neglected unless other facts establish that such possession or consumption causes or creates a risk of physical or mental injury to the child.”

“A person’s legal possession or consumption of substances authorized under [the state’s marijuana law] 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 text of the bill, HB 942, states.

When the bill was on the floor for second reading on Monday, Clark said that the measure “fully preserves judicial discretion requiring a court to act when a child is in danger, but grounding those decisions in individualized evidence-based findings instead of presumptions tied to lawful conduct.”

Youngkin 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.

While current Gov. Abigail Spanberger (D) 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.

Meanwhile, the Virginia Senate this week approved a bill to provide legal protections for hospital workers to facilitate the use of medical marijuana for patients with terminal illnesses in their facilities, so long as cannabis is federally rescheduled.

lawmakers are also considering more robust reforms to the state’s marijuana laws, including proposals to legalize recreational cannabis sales.

The Senate Courts of Justice Committee passed an amended version of that bill last week, drawing criticism from advocates over changes that would impose new penalties on certain cannabis-related activities such as underage possession and unlicensed cultivation of marijuana that could carry the threat of jail time.

A coalition of reform groups has since sent a letter to the Senate Finance Committee, where the measure was transmitted, imploring members to roll back those amendments.

As approved in committee, the legislation largely aligns with recommendations released in December by the legislature’s Joint Commission to Oversee the Transition of the Commonwealth into a Cannabis Retail Market.

Since legalizing cannabis possession and home cultivation in 2021, Virginia lawmakers have worked to establish a commercial marijuana market—only to have those efforts consistently stalled under former Gov. Glenn Youngkin (R), who twice vetoed measures to enact it that were sent to his desk by the legislature.

The Senate version calls for sales to start on January 1, 2027, while the House bill stipulates that adult-use cannabis sales could begin on November 1 of this year.

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Another cannabis bill approved by the Senate Courts of Justice Committee last week would mandate that individuals with certain offenses automatically receive resentencing hearings and have their punishments adjusted. A House companion version from Del. Rozia Henson, Jr. (D) also advanced recently.

The legislation would create a process by which people who are incarcerated or on community supervision for certain felony offenses involving the possession, manufacture, selling or distribution of marijuana could receive an automatic hearing to consider modification of their sentences.

The bill applies to people whose convictions or adjudications are for conduct that occurred prior to July 1, 2021, when a state law legalizing personal possession and home cultivation of marijuana went into effect.

Separately, the Virginia Department of Labor and Industry recently published a new outlining workplace protections for cannabis consumers.