Legislation stating that “no person shall be denied custody or visitation of a child” for legally using marijuana has been passed by Virginia’s full legislature.
Senate Bill 115 states that “a child shall not be considered an abused or neglected child, and no person shall be denied custody or visitation of a child, based only on the fact that the child’s parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed legally authorized substances.” Virginia legalized marijuana possession in 2021.
An enactment clause “directs the Board of Social Services to amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, and materials comply with, and that investigations and family assessments are conducted by local departments of social services in accordance with, the provisions of the bill.”
The measure was approved through the House of Representatives last week in a 51 to 45 vote. Earlier this month it advanced through the Senate unanimously, 45 to 0.
The legislation will now be sent to Governor Glenn Youngkin for consideration.
Virginia’s Legislature also recently approved a bill that would legalize the licensed distribution of recreational marijuana. The measure is necessary given that Virginia is the only state with legal marijuana possession to not allow legal sales.
