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.
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