A Virginia Senate committee voted unanimously in favor of advancing a bill on Wednesday that would prevent the state from using marijuana alone as evidence of child abuse or neglect. The change is meant to protect parents and guardians from discrimination around cannabis use and possession, which the commonwealth legalized in 2021.
The Senate Courts of Justice Committee, voted 15–0 to report the measure, SB 115, which is sponsored by Senate President Pro Tempore Louise Lucas (D). If it becomes law, the measure would further provide that drug testing in child custody and visitation matters “shall exclude testing for any substance permitted for lawful use by an adult” under the state’s alcohol, cannabis and drug laws.
A person’s “lawful possession or consumption” of those substances, the bill says, “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.”
According to a Department of Planning and Budget summary of the legislation, an enactment clause would direct the state Board of Social Services to amend its regulations, guidance documents and other materials to comply with the provisions of the bill.
The changes would incur no fiscal impact, the department’s statement says.
An identical measure, HB 833, passed the full House of Delegates in a 56–43 vote last month.
Chelsea Higgs Wise, of the advocacy group Marijuana Justice, which backed the bill, told Marijuana Moment she’s optimistic about its chances of being enacted. The governor’s administration gave suggestions last year, she said, which were taken into account along with feedback from the Senate committee.
The group also worked with Virginia NORML, which Wise said had reported that some medical marijuana patients had been impacted by the current law.
Hellbound and Down 