State Representative Denise Villalobos (R) has introduced House Bill 4376, a proposal that would revoke parental visitation rights if a court-ordered drug test detects the use of controlled substances or marijuana, except for prescribed low-THC cannabis.
Under the measure, parents who test positive would immediately lose their visitation privileges.
“If the results of a drug test ordered for a parent by the court indicate the presence in the parent’s body of marihuana, other than low-THC cannabis prescribed for the parent by a physician as authorized by Chapter 169, Occupations Code, or of a controlled substance not prescribed for the parent by a health care practitioner, the court shall modify an original or amended visitation plan to terminate the parent’s visitation with the child.”
The bill states that “A parent whose visitation with a child is terminated under Subsection (b) may file a motion with the court requesting the modification of an original or amended visitation plan to reinstate the parent’s visitation with the child only after the results of a subsequent drug test taken by the parent indicate that a drug described by Subsection (b) is not present in the parent’s body.”
The measure gives an exception to low-THC cannabis products, as they are legal for those with a physician recommendation under the state’s Compassionate Use law.
