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MARIJUANA MOMENT
VIRGINIA LAWMAKER SLAMS GOVERNOR FOR VETOING BILL TO PROTECT MARIJUANA
CONSUMERS’ PARENTAL RIGHTS
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POLITICS
VIRGINIA LAWMAKER SLAMS GOVERNOR FOR VETOING BILL TO PROTECT MARIJUANA
CONSUMERS’ PARENTAL RIGHTS
Published
23 hours ago
on
March 11, 2024
By
Ben Adlin
The House sponsor of legislation in Virginia that aimed to protect the parental
rights of lawful cannabis consumers is criticizing Gov. Glenn Youngkin’s
decision last week to veto the bill.
If enacted, HB 833 would have prevented the state from using marijuana alone as
evidence of child abuse or neglect and, further, established 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.
Youngkin vetoed the bill on Friday, writing in a message that “the proposed
legislation, aiming to address a non-existent problem, has potential
consequences that may expose children to harm.”
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Del. Rae Cousins (D), the bill’s sponsor, said in a statement on Monday that the
governor “is turning his back on the needs of our children and neglecting their
well-being by encouraging the courts to move forward with unnecessary family
separations.”
“We have seen how this is playing out in our courts; with Black and Brown
families receiving harsher mandates from our judges for legal and responsible
substance use,” the lawmaker said. “Family separation has devastating effects
both on our communities and on the well-being of children, and by vetoing this
legislation, Governor Youngkin is telling our courts that they can continue to
unnecessarily tear children away from their parents.”
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.
“I am deeply disappointed in Governor Youngkin’s decision to veto this
bipartisan, commonsense bill that simply helps families stay together,” Cousins
said.
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 but has
not yet been transmitted to the governor’s desk.
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The proposal says a person’s “lawful possession or consumption” of state-legal
substances would “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.
Cousins, in the statement from her office, noted that courts “would still have
full ability to assess what is in the best interests of the child, including the
risk of physical or mental harm.”
Advocates have said they’re disappointed with Youngkin’s veto decision but
pledged to continue pushing for the policy change.
“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 last week, adding that organizers
“will be back next year and every year until we get it right.”
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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,” 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.”
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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 last week a sponsor of the retail sales legislation said
the bill could go “up in smoke” after an unrelated deal with the governor
soured.
The governor’s office has 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.”
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.
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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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