Virginia Gov. Vetoes Bill That Would Protect Parents Who Use Marijuana From Child Neglect Accusations, Citing 'Non-Existent Problem'

Virginia Governor Glenn Youngkin (R) vetoed a cannabis bill Friday that would protect parents and others responsible for a child's care from being accused of neglecting or abusing children solely based on cannabis possession or use. 

The legislation, HB 833, reached Youngkin’s desk with bipartisan support, though more Democrats supported it. The governor could have signed it, returned it to lawmakers with proposed amendments, or veto it. He chose to veto it, citing that such a problem was “non-existent.”

The measure "Provides 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."

‘A Non-Existing Problem'

"The proposed legislation, aiming to address a non-existent problem, has potential consequences that may expose children to harm," the governor stated. "Child protective service (CPS) referrals rarely, if ever, involve screening solely based on parents’ legal use of controlled substances or marijuana. Instead, cases typically encompass additional risk factors like impaired supervision, access to drugs or drug paraphernalia, or a parent’s inability to meet the child’s basic needs. The inherent risk of unintended consequences, potentially endangering child safety by dissuading local departments of social services from implementing necessary protective measures, disrupts the balanced approach of current CPS policies, thus jeopardizing the well-being of vulnerable children."

Youngkin continued, explaining that the bill " undermines the tangible link between substance use and harm to children, evident in the increased calls to poison control and emergency room visits for children consuming cannabis-infused substances following the authorization of personal marijuana possession. The blanket exemption further places children at risk by potentially endangering their welfare. This is a significant threat to child safety, potentially shielding parents engaging in substance possession or consumption from scrutiny. This failure to consider nuanced circumstances undermines the child’s best interests and contradicts our efforts to address substance misuse in families and communities."

Now, the measure is heading back to the legislature. For lawmakers to override the Governor's veto, two-thirds of both houses need to approve it. The Senate version of the bill, SB 115 from Senate President Pro Tempore Louise Lucas (D) was also recently approved but has not reached Gov. Youngkin's desk.

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