Virginia Gov. Abigail Spanberger (D) signed two cannabis bills — protecting marijuana consumers' parental rights and allowing medical cannabis in hospitals — while proposing amendments to resentencing relief and recreational marijuana legislation.
Parental Rights
HB 942 from Del. Nadarius E. Clark (D) bars courts from using legal cannabis possession or consumption alone as grounds to restrict custody or visitation, unless other facts show such use is not in the child's best interest. It also bars treating legal substance use as a failed drug test for parents or guardians. A nearly identical bill passed last session but was vetoed by then-Gov. Glenn Youngkin (R).
"This is a significant victory for Virginia parents who consume cannabis responsibly," said JM Pedini, development director for NORML and executive director for Virginia NORML. "It's taken seven legislative sessions to secure these most basic protections and prevent courts from needlessly separating children from their families."
Medical Cannabis in Hospitals
SB 332 from Sen. Barbara Favola (D) and HB 75 from Del. Karen Keys-Gamarra (D) extend existing protections for health professionals at hospices, nursing homes, and assisted living facilities to hospitals. A working group under the Department of Health — including representatives of the Virginia Hospital & Health Care Association and the Virginia Health Care Association — must submit written guidelines for medical cannabis use in care facilities to key legislative committees by November 1.
Resentencing Relief (Amendments Proposed)
SB 62 from Senate President Pro Tem Louise Lucas (D) and HB 26 from Rozia Henson, Jr. (D) would grant automatic resentencing hearings to people incarcerated or on community supervision for marijuana felonies tied to conduct before July 1, 2021. Spanberger's amendments would require individuals to file petitions rather than receive automatic proceedings, and would remove hearing deadlines. Youngkin vetoed similar legislation last session.
Delivery and Labeling (Amendments Proposed)
HB 391 from Del. Alex Askew (D) would allow medical cannabis deliveries to any residence or business, barring deliveries to military bases, child day centers, schools, correctional facilities, the State Capitol, and public gatherings including sporting events, festivals, fairs, races, concerts, and transit terminals. Spanberger wants to replace "delivery agent" with "marijuana delivery operator," licensed by cannabis regulators rather than classified as independent contractors. The bill also updates THC and CBD labeling requirements and clarifies that the 12-month product stability testing period begins on the test date, not the registration approval date.
Lawmakers reconvene April 22 to address the governor's amendments.
