With the rise in cannabis reform throughout the West, states continue to work toward building and improving their respective markets while simultaneously undoing the outdated legislation of the past. Virginia is no exception, having opened its first medical cannabis dispensary in 2020 and legalizing cannabis for adult use the following year.
Though the launch of Virginia’s recreational market has seen a number of delays, legislators throughout the state are doing a bit of housecleaning to protect cannabis consuming parents and guardians.
Namely, a Virginia Senate committee recently voted unanimously to advance a bill that would prevent the state from using cannabis use alone as evidence of child abuse or neglect, as reported by Marijuana Moment.
Pushing Protections for Cannabis-Consuming Parents and Guardians
Senate President Pro Tempore Louise Lucas (D) sponsored the measure, Senate Bill 115, and the Senate Courts of Justice Committee voted 15-0 in favor of advancing it. Should the bill become law, it would deem that drug testing in child custody and visitation matters would exclude testing for substances permitted by law for use by adults.
The bill notes that the “lawful possession or consumption” of those substances “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 Department of Planning and Budget’s summary says that the Board of Social Services would need to update its regulations, guidance documents and other related materials to ensure compliance with the bill, though these changes would not have a fiscal impact.
Advocacy group Marijuana Justice has backed the bill, and member Chelsea Higgs Wise expressed her optimism for the bill’s chances of being enacted. According to Higgs Wise, the governor’s administration gave suggestions for the bill last year and they were taken into account alongside Senate committee feedback.
Higgs Wise expressed her excitement to be part of changing “outdated prohibition laws” to “keep families together.”
“This is an important part of ending the drug war and decriminalization that’s critical for generational survival in communities targeted by law enforcement,” she said, emphasizing her gratitude for the legislature in taking “a bipartisan approach to family protections as we continue towards full, regulated legalization.”
On Feb. 7, the day of the vote, Virginia NORML Executive Director JM Pedini testified to the committee, citing examples reported to the state’s NORML chapter where status of a parent or guardian as a medical cannabis patient was used to withhold custody or visitation rights.
Virginia’s Climb to a Recreational Market Launch
Virginia finds itself in a unique position compared to other states with adult-use cannabis laws, as the legalization amendments only allow for the personal use and possession of cannabis. Now, actually enacting a regulatory framework is a different story.
When recreational cannabis was first legalized, the Virginia General Assembly aimed to begin retail sales on Jan. 1, 2024. However, a number of proposed bills aimed to establish regulatory measures failed in 2022 and 2023. Adults over the age of 21 can possess up to one ounce of cannabis, can smoke in private residences and grow up to four plants in their homes.
However, there is still nowhere for consumers to legally purchase recreational cannabis in the state. As a result, the illicit market is filling the gap.
“We haven’t moved on to fulfilling the remainder of the policy measures and those that arguably have the greatest impact on public and consumer safety,” Pedini said. “What we’ve seen is an explosion of the illicit market.”
The Virginia House subcommittee recently advanced legislation that would allow the state’s current medical cannabis businesses and some other small businesses to start selling cannabis in January 2025, opening the door to issue more licenses throughout the year.
Another recent effort from the Senate would allow the Virginia Cannabis Control Authority (VCCA) to begin issuing licenses on July 1, 2025 and allow certain pharmaceutical processors to start operations on July 1 of this year. According to Sen. Adam Ebbin (D-Alexandria), the bill is virtually identical to the legislation he introduced last year that was ultimately rejected by the Republican-controlled House of Delegates.
“We know that adult possession of cannabis has been legal in Virginia for two and a half years now,” Ebbin said. “And it’s past time that adults 21 years and older can buy a safe, tested cannabis product regulated and taxed by the Commonwealth.”
