RICHMOND, Va. (WRIC) – Governor Glenn Youngkin has vetoed a bill that would have prevented courts from using a parent’s marijuana use as the sole basis to restrict visitation or alter custody rights.
The bill, written by Delegate Rae Cousins (D-Richmond), would have added language to the code clarifying that the state could not use a parent or caregiver’s possession or use of marijuana as the sole basis for claiming a child is being abused or neglected.
“I have a two-year-old daughter and I can’t even fathom her being separated from me on the basis of legal activity,” Cousins told 8News.
The bill, which would have also clarified that the possession or use of marijuana shall not serve as the sole basis to restrict a parent or caregiver’s custody or visitation rights, comes after the General Assembly legalized simple possession and the adult use of marijuana in 2021.
“We’ve received calls from constituents and advocacy organizations who have received calls from parents who have had their visitation or custody rights disturbed or taken away just on the basis of a positive drug screening,” Cousins said.
Despite that, Governor Glenn Youngkin vetoed the bill. In his veto statement, the Governor said, “It’s a significant threat to child safety, potentially shielding parents engaging in substance possession or consumption from scrutiny.”
The governor added that the bill will “endanger child safety by dissuading local departments of social services from implementing necessary protective measures, disrupts the balanced approach of current [Child Protective Service] policies, thus jeopardizing the well-being of vulnerable children.”
However, Delegate Cousins disagreed and said that the bill does not state that the courts could not take other factors into account for cases involving an alleged child abuse.
“The bill does not state that courts can’t take other factors into account, it just simply says that a parent’s custody or visitation rights cannot be limited, or disturbed, or taken away just on the basis of the legal possession or consumption of an authorized substance,” Cousins said.
