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MARIJUANA MOMENT

VIRGINIA SENATORS UNANIMOUSLY APPROVE BILL TO PREVENT MARIJUANA FROM BEING USED
AS EVIDENCE OF CHILD ABUSE


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POLITICS


VIRGINIA SENATORS UNANIMOUSLY APPROVE BILL TO PREVENT MARIJUANA FROM BEING USED
AS EVIDENCE OF CHILD ABUSE

Published

6 hours ago

on

February 8, 2024

By

Ben Adlin

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.”

CDC says teen pot use declined in Washington after legalization

CDC says teen pot use declined in Washington after legalization
Marijuana use in teens in King County has drastically declined since it was
legalized for adults several years ago.
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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.

“We are excited that outdated prohibition laws are being changed in order to
keep families together,” she said. “This is an important part of ending the drug
war and decriminalization that’s critical for generational survival in
communities targeted by law enforcement.”



Wise added that she’s “thankful for this legislature to take a bipartisan
approach to family protections as we continue towards full, regulated
legalization.”

JM Pedini, executive director for Virginia NORML and development director
for the national NORML organization, testified to the committee that the
Virginia chapter has received numerous calls and emails about cases in which a
parent or guardian’s status as a medical marijuana patient had been used to
withhold custody or visitation rights.

Also proceeding through the legislature this session are two separate proposals
to legalize cannabis sales in the state. Although use and possession are legal,
efforts to allow commercial sales have been blocked by Republicans in the
legislature in recent years. With Democrats in control of both chambers after
last November’s elections, however, advocates are hopeful this could be the year
a retail sales bill becomes law.



Gov. Glenn Youngkin (R), however, said last month that he doesn’t have “any
interest” in legalizing sales under either of the Democrat-led plans.

Despite many similarities the bills differ in key ways. Among them, Rep. Paul
Krizek (D)’s bill in the House would allow up to five existing medical marijuana
operators and up to 30 equity-focused microbusinesses to open retail sales to
adults on January 1, 2025. A separate Senate bill introduced by Sen. Aaron Rouse
(D), by contrast, would have retail stores open later in 2025 and not give
special preference to medical or equity businesses.

The House measure would also prohibit outdoor cultivation entirely by licensed
businesses, requiring all marijuana to be grown indoors, while the Senate
measure would ban outdoor grows by larger cultivators but allow smaller
licensees to grow outside.



Groups representing hemp farmers in the commonwealth support the Senate bill at
this point, as it would allow entrepreneurs trying to get into the marijuana
industry to open alongside medical marijuana businesses instead of entering the
market later on.

Justice advocates also preferred the Senate bill initially, but changes in both
bills have led some to switch their support to the House measure. Critics of the
latest version of the Senate bill have pointed to a number of new criminal
charges around marijuana in that measure, including at least one that would
create a mandatory minimum sentence.

The differences between the bills could make for contentious negotiations as the
session proceeds, despite the implicit veto threat from Youngkin.



—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—

When he was first elected, Youngkin said he was “not against” allowing
commercial sales categorically. He expressed that there were certain Democratic
“non-starters,” such as provisions setting labor union requirements for
marijuana businesses—and he wanted to address concerns from law enforcement—but
he generally indicated that there was a bill he could support.

That expectation has been tempered during the beginning of the new year,
however, with some—including Wise at Marijuana Justice—predicting the governor
will veto any legal sales bill that lawmakers send him.



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.

> Biden Administration Official Disputes Rumors Of Imminent Marijuana Scheduling
> Decision Amid Heightened Speculation



Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.

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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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