Virginia GOP Governor Vetoes Marijuana Parental Rights Bill That Passed Legislature With Bipartisan Support

Introduction

Virginia Governor Glenn Youngkin (R) dealt a blow to advocates seeking marijuana reform by vetoing a bill on Friday that aimed to prevent the state from using marijuana alone as evidence of child abuse or neglect. The legislation, House Bill 833 (HB 833), had garnered bipartisan support in the legislature but faced opposition from the governor. 

Here's an overview of the situation.

Veto Decision and Rationale

Governor Youngkin had until midnight Friday to make a decision on HB 833, and around 8 p.m., his office announced the veto. In his veto message, Youngkin argued that the proposed legislation addressed a "non-existent problem" and expressed concerns about potential unintended consequences. He emphasized that Child Protective Services (CPS) referrals rarely focus solely on parents' legal use of controlled substances or marijuana.

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Legislation Highlights

Had it been enacted, HB 833 would have prevented the use of marijuana as evidence in child custody and visitation matters. The bill explicitly stated that drug testing in these cases should exclude substances permitted for lawful use by adults under the state's alcohol, cannabis, and drug laws. The legislation aimed to ensure that lawful possession or consumption of such substances would not serve as a basis to restrict custody or visitation unless other facts indicated it was not in the child's best interest.

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Governor's Concerns

Governor Youngkin expressed concern that the legislation undermined the link between substance use and harm to children. He pointed to increased calls to poison control and emergency room visits for children consuming cannabis-infused substances following the authorization of personal marijuana possession. The governor argued that the blanket exemption in the bill could potentially shield parents engaging in substance possession or consumption from scrutiny, posing a significant threat to child safety.

Legislative Journey

On its way to the governor's desk, the legislation secured widespread approval in votes on the Senate floor, with the House showing more divided opinions. Democrats generally supported the bill, while some Republicans also voted in favor. With the veto, the bill now returns to the legislature, requiring a two-thirds majority in both houses to override Youngkin's decision.

Advocates' Response

Advocates expressed disappointment and frustration with Governor Youngkin's veto. Chelsea Higgs Wise, executive director of Marijuana Justice, stated that they would continue working to reform family policing through outdated marijuana laws. She apologized to families affected by the decision and affirmed their commitment to pushing for change.

JM Pedini, NORML’s development director and executive director for Virginia NORML, challenged the governor's assertion that the problem was non-existent. He cited numerous cases where parents lost custody due solely to lawful use of medical cannabis during custody battles, emphasizing the bill's importance in addressing real harm experienced by Virginia parents and children.

Future Prospects

The bill's fate now rests in the hands of the legislature, where an override would require two-thirds approval in both houses. Advocates have vowed to persist in their efforts, promising to return each year until the reform aligns family policy with current decriminalization efforts.

Broader Cannabis Landscape in Virginia

Governor Youngkin's veto is not isolated; it is part of a broader landscape of marijuana-related measures in Virginia. Other proposals, including the legalization and regulation of retail cannabis sales, resentencing individuals for past cannabis offenses, and protecting public-sector workers from employment discrimination based on medical marijuana use, are awaiting the governor's decision.

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As Virginia grapples with these cannabis-related issues, it remains uncertain how the governor will approach the remaining proposals. The state has already legalized the use, possession, and limited cultivation of cannabis by adults, but the lack of legal avenues for purchase has led to the emergence of a sizable unregulated market.

In the coming weeks, Virginia residents and advocates will closely watch how the legislature responds to Governor Youngkin's veto and the broader implications for marijuana reform in the state.