Virginia lawmakers have approved a bill that will prevent from using marijuana as evidence for child abuse. This change was made to protect parents from discrimination regarding cannabis possession and use, which Virginia legalized in 2020.
The Senate approved SB115 on Monday, after the House had passed it 54-45 the previous week. Both chambers have also approved a similar measure, HB 833. Now, the legislation will be sent to Governor. Glenn Youngkin, (R), can either sign or veto the bill, propose amendments, or let it take effect even without his signature.
If the measure becomes law, it would require that drug tests in custody and visitation cases “shall not include testing for any substance allowed for lawful adult use” under the state alcohol, cannabis, and drug laws. The measure states that a person’s “lawful consumption or possession” of these substances “will not be a basis for restricting custody or visitation, unless other facts prove it is not in the child’s best interests.”
The legislation was approved by the Senate with a near-unanimous vote. In the House, there was a more divided vote, with Democrats generally supporting it, but also some Republican votes.
Del. Rae Cousins, (D), and Senate President Pro Tempore Louise Lucas, (D).
A summary of the legislation by the Department of Planning and Budget states that an enactment provision would require the State Board of Social Services (SBSS) to modify its regulations, guidelines and other materials in order to conform to the new provisions. According to the statement from the Department, there would be no fiscal impact on these changes.
Chelsea Higgs Wise is the executive director of Marijuana Justice which supported the bill. She told Marijuana Moment in a recent interview that she felt optimistic about the Governor’s support.
Wise stated at the time, “We are thrilled that outdated prohibition laws will be changed to keep families together.” This is a critical part of ending the war on drugs and decriminalizing that’s crucial for generations to survive in communities targeted by police.
JM Pedini told legislators during the committee’s consideration of the bill, that the group received many calls and emails regarding cases where a parent’s or guardian’s status as a patient for medical marijuana was used to deny custody or visitation.
This week, legislators also reached a deal to legalize and regulate the retail sale of marijuana in Virginia after legalization in 2021. Each chamber approved the bills passed by the other on Wednesday evening. The bills were then sent to the Governor’s desk.
The plan to legalize marijuana retail sales has not been finalized despite legislative approval. Last month, the governor indicated that he does not have “anyinterest” in legalizing retail sales under the Democrat’s plans. He hasn’t said whether he will veto this bill.
Pedini, from NORML, told Marijuana Moment that “what remains to be seen” is if Governor Youngkin will agree with Virginians and take the control of the marijuana industry out of illegal operators’ hands and place it behind a counter for adults only.
In addition, the state legislature passed earlier this week a bill that would protect workers in the public sector, including government officials, teachers and school administrators, from being terminated for using medical marijuana. The measure was sent to Youngkin.
SB696 from Sen. Angelia William Graves (D) was reported Wednesday out of the House committee and will now be brought to the floor. It would require that those incarcerated in prison for certain marijuana crimes receive automatic resentencing and have their punishments adjusted.
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