On Wednesday, a Virginia Senate committee unanimously voted in favor of moving forward a bill that would prohibit the state from relying solely on marijuana as evidence of abuse or neglect of children. This change was made to protect parents from discrimination based on cannabis possession and use, which Virginia legalized in 2020.
The Senate Courts of Justice Committee voted 15 to 1 in favor of reporting the bill SB115 which was sponsored by Senate Pro Tempore Louise Lucas. The measure, if it becomes law would also provide that drug tests in child custody and visiting matters “shall not include any substance allowed for lawful adult use” under Virginia’s alcohol and cannabis laws.
The bill states that a person’s “lawful consumption or possession” of these substances “shall not be a basis for restricting custody or visitation, unless other facts prove such consumption or possession is not in best interests of the child.”
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 amend their regulations, guidance documents and any other materials in order to conform to the provisions of this bill.
In a statement, the Department states that there will be no financial impact on the changes.
A similar measure, HB 833 passed the House of Delegates with a vote of 56-43 last month.
Chelsea Higgs Wise of Marijuana Justice – the group that backed the bill – told Marijuana Moment that she is optimistic about the chances of it being passed. She said that the governor’s office made suggestions last year which were taken into consideration along with feedback received from the Senate committee.
Wise reported that Virginia NORML had also informed the group of some medical marijuana users who had been negatively affected by current laws.
She said, “We’re excited to see that outdated prohibitions laws are being amended in order for families to stay together.” This is a critical part of ending the war on drugs and decriminalization, which is crucial for generations to survive in communities targeted by police.
Wise said that she is “grateful” for the bipartisan approach taken by this legislature in protecting families as we move towards a fully regulated legalization.
Two separate bills to legalize the sale of cannabis in the state are also being considered by the legislature during this session. Republicans have blocked attempts to allow commercial sales in recent years, despite the fact that use and possession of cannabis are legal. After the November elections, Democrats now control both chambers. Advocates are hopeful that this year could be the one when a retail sale bill is passed.
Gov. Glenn Youngkin, a Republican, however said last month that he has “no interest” in legalizing the sale of marijuana under any of the Democratic-led plans.
The bills are not identical. Rep. Paul Krizek’s (D) bill would allow for up to five medical marijuana operators to continue to operate and 30 equity-focused small businesses to expand retail sales of cannabis to adults as early as January 1, 2025. Aaron Rouse’s (D) separate Senate bill, however, would allow retail stores to open in 2025. It also wouldn’t give any special preference to equity or medical businesses.
The House measure also would prohibit outdoor cultivation by licensed businesses and require all marijuana to grow indoors. While the Senate measure would restrict outdoor growing by large cultivators, but would allow smaller licensees.
The groups representing hemp farmers within the Commonwealth support the Senate Bill at this time, because it allows entrepreneurs who want to enter the marijuana market to open along side medical marijuana businesses rather than entering the market in the future.
Justice advocates initially preferred the Senate measure, but due to changes made to both bills, some have switched their support to the House bill. The latest Senate bill has been criticized for a number new criminal charges that surround marijuana, including one that would create mandatory minimum sentences.
The differences in the bills may lead to contentious discussions as the session progresses, despite Youngkin’s implicit threat of a veto.
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Youngkin, when he first became elected, said that he “was not against” commercial sales. He said that certain Democratic proposals were “non-starters”, such as the provisions requiring labor unions for marijuana businesses, and he also wanted to address law enforcement concerns. However, he indicated that he was generally in favor of a bill.
Some, including Wise of Marijuana Justice, have tempered that expectation since the start of the year. They predict the governor will veto all legal sales bills sent to him by lawmakers.
A sales bill did advance through the Democratic-controlled Senate last session, but it stalled in committee in the House, which at the time had a GOP majority.
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