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MARIJUANA MOMENT
VIRGINIA GOP GOVERNOR VETOES MARIJUANA PARENTAL RIGHTS BILL THAT PASSED
LEGISLATURE WITH BIPARTISAN SUPPORT
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POLITICS
VIRGINIA GOP GOVERNOR VETOES MARIJUANA PARENTAL RIGHTS BILL THAT PASSED
LEGISLATURE WITH BIPARTISAN SUPPORT
Published
1 hour ago
on
March 8, 2024
By
Ben Adlin
Virginia Gov. Glenn Youngkin (R) vetoed a bill on Friday that would have
prevented the state from using marijuana alone as evidence of child abuse or
neglect, dealing a setback to advocates who’ve spent years working to enact the
reform.
Youngkin had until midnight Friday to sign the bill, HB 833, veto it or let it
take effect without his signature. He also could have sent the bill back to
lawmakers with a request for amendments.
Around 8 p.m., his office announced that he’d vetoed the bill. It was among
action he took on 84 bills—64 of which he signed, eight of which he vetoed and
12 of which he sent back with amendments.
Cannabis sales hit record high in Michigan
Cannabis sales hit record high in Michigan
Michigan saw over $3 billion in marijuana sales last year.
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“The proposed legislation, aiming to address a non-existent problem, has
potential consequences that may expose children to harm,” Youngkin wrote in a
veto message about the cannabis parental rights bill.
“Child protective service (CPS) referrals rarely, if ever, involve screening
solely based on parents’ legal use of controlled substances or marijuana,” he
added. “Instead, cases typically encompass additional risk factors like impaired
supervision, access to drugs or drug paraphernalia, or a parent’s inability to
meet the child’s basic needs. The inherent risk of unintended consequences,
potentially endangering child safety by dissuading local departments of social
services from implementing necessary protective measures, disrupts the balanced
approach of current CPS policies, thus jeopardizing the well-being of vulnerable
children.”
If enacted, the legislation would have also provided 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.”
An enactment clause would have directed the state Board of Social Services to
amend its regulations, guidance documents and other materials to comply with the
provisions of the bill.
The governor argued in his veto message that the measure “undermines the
tangible link between substance use and harm to children, evident in the
increased calls to poison control and emergency room visits for children
consuming cannabis-infused substances following the authorization of personal
marijuana possession.”
“The blanket exemption further places children at risk by potentially
endangering their welfare,” he wrote. “This is a significant threat to child
safety, potentially shielding parents engaging in substance possession or
consumption from scrutiny. This failure to consider nuanced circumstances
undermines the child’s best interests and contradicts our efforts to address
substance misuse in families and communities.”
On its path to the governor’s desk, the legislation won unanimous or
near-unanimous approval in votes on the Senate floor. The House was more
divided, with Democrats generally in favor, though the proposal garnered some
Republican votes, as well.
The bill now returns to the legislature, where two thirds of both houses will
have to approve it in order to override Youngkin’s veto. A companion Senate
version of the measure, SB 115, also passed the legislature this session and has
not yet been transmitted to the governor’s desk.
Advocates said Youngkin’s veto came as a blow after all the effort they put into
crafting the bill and getting it through the legislature—including incorporating
feedback from Senate lawmakers and the governor’s office itself.
“Disappointed doesn’t describe how it feels for the veto to come down after two
years of pushing this proposal,” Chelsea Higgs Wise, executive director of the
group Marijuana Justice, told Marijuana Moment. “We will not stop working to
peel back the layers family policing through outdated marijuana laws. On behalf
of the Commonwealth, [we] apologize to the families that will feel this impact
while the administration waits another year to align family policy with current
decriminalization.”
She added that organizers “will be back next year and every year until we get it
right.”
JM Pedini, NORML’s development director and executive director for Virginia
NORML, pushed back against Youngkin’s assertion that the bill seeks to solve a
“non-existent problem.”
“Our office has received numerous calls and emails from parents who have lost
custody and or visitation of their children due solely to their lawful use of
medical cannabis, not from CPS intervention, but during custody battles,” Pedini
told Marijuana Moment. “This bill would have made clear to the courts that
lawful and responsible cannabis use is not sufficient reason to deny custody or
visitation. This bill is necessary and was introduced to address actual harm
being done to Virginia parents and children. To those families torn apart, we
will continue fighting for you.”
The legislation is among a number of marijuana-related measures that will land
on Youngkin’s desk this session. Others include a proposal to legalize and
regulate retail cannabis sales to adults, resentence people serving time for
past cannabis offenses and protect public-sector workers from employment
discrimination based on lawful medical marijuana use.
As a result of legislative procedures, the governor has more time to act on the
other proposals. But earlier this week, a sponsor of the retail sales
legislation said that bill could go “up in smoke” after an unrelated deal with
the governor soured.
The governor’s office had repeatedly said Youngkin wasn’t on board with the
sales proposal, however. In a recent statement to Marijuana Moment, his press
secretary pointed to Youngkin’s comments earlier this year in which “he said he
doesn’t have a lot of interest in pressing forward with marijuana legalization.”
Given the governor’s broader silence on cannabis this session, it’s also not
clear which way he leans on the other marijuana proposals.
Use, possession and limited cultivation of cannabis by adults is already legal
in Virginia, the result of a Democrat-led proposal approved by lawmakers in
2021. But there’s nowhere for adults to legally buy the drug. Illicit stores
have thus sprung up to meet consumer demand, with some estimates valuing the
unregulated market at roughly $3 billion.
> Fact-Check: Biden Falsely Claims His Marijuana Pardons Expunged ‘Thousands Of
> Convictions’ In State Of The Union Address
Marijuana Moment is made possible with support from readers. If you rely on our
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Ben Adlin
Ben Adlin, a senior editor at Marijuana Moment, has been covering cannabis and
other drug policy issues professionally since 2011. He was previously a senior
news editor at Leafly, an associate editor at the Los Angeles Daily Journal and
a Coro Fellow in Public Affairs. He lives in Washington State.
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