Legislators in Virginia have approved legislation to safeguard the parental rights of individuals who legally use cannabis under state law. The proposal, introduced by Delegate Nadarius Clark, received approval from both the House and the Senate after revisions were added. The measure now awaits a decision from Governor Abigail Spanberger.
According to the bill’s language, the lawful possession or use of substances permitted by state law should not, by itself, justify restrictions on a parent’s relationship with their child. Courts would only be allowed to consider such factors if additional evidence shows that the behavior is harmful to the child’s well-being.
The legislation also addresses drug testing in family law cases. Under the measure, a parent or guardian would not be considered to have failed a drug test solely because of the presence of substances that are legal under Virginia law, including cannabis.
Clark also noted that the Senate adopted substitute language after identifying a section of the legal code currently under review. Lawmakers chose to avoid altering that part of the statute until the ongoing study is completed.
The effort follows similar legislation Clark introduced during the previous legislative session. That earlier version passed the General Assembly but was ultimately vetoed by then-Governor Glenn Youngkin.
In his veto message last year, Youngkin said the proposal created unnecessary legal complications and could put children at risk. He argued that research has shown links between substance use and situations where children may face harm. The former governor also pointed to a rise in reported cases involving children accidentally consuming cannabis-infused products since marijuana laws have loosened in several states.
Youngkin maintained that limiting courts’ ability to weigh a parent’s cannabis use when making custody decisions could undermine protections intended to prioritize children’s safety and health. He had also rejected a prior iteration of the measure in 2024.
Governor Spanberger has not yet publicly commented on the measure. However, her broader stance on cannabis policy differs from that of her predecessor. Spanberger has expressed support for establishing a legal marketplace for adult recreational marijuana sales, a plan Youngkin previously blocked.
Meanwhile, other cannabis-related proposals continue moving through the Virginia legislature. Lawmakers in both chambers have approved separate versions of a bill that would create a regulated market for adult-use marijuana. A conference committee made up of members from the House and Senate has been tasked with reconciling differences between the two versions before sending a final proposal to the governor.
In addition, the General Assembly has passed legislation that could allow individuals with past marijuana convictions to seek new sentencing reviews. Another measure awaiting executive action would permit patients to access medical cannabis while receiving care in hospitals.
The marijuana industry, including established firms like Aurora Cannabis Inc. (NASDAQ: ACB) (TSX: ACB), will be following these regulatory changes in Virginia and elsewhere in the country to assess how they could impact the trajectory of the industry.
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