Virginia’s governor has enacted legislation permitting patients to use medical marijuana in hospitals and safeguarding the parental rights of cannabis consumers. Governor Abigail Spanberger (D) also recommended that lawmakers consider amendments aimed at providing resentencing relief for individuals with prior marijuana convictions.
Protection of Parental Rights for Marijuana Consumers
The governor signed a bill that protects the rights of parents who legally use marijuana. House Bill 942, introduced by Delegate Nadarius E. Clark (D), states that a person’s lawful possession or use of marijuana cannot alone justify custody or visitation restrictions unless it is proven to be contrary to the child’s best interest.
The law clarifies that parents or guardians cannot be deemed to have failed a drug test for legal substances like cannabis. This legislation builds on a similar measure that was vetoed by former Governor Glenn Youngkin (R) last session. JM Pedini, Development Director of NORML Virginia, noted this as a significant advancement for parents consuming cannabis responsibly.
Allowing Medical Cannabis Use in Hospitals
Additionally, Spanberger signed legislation that authorizes patients to use medical marijuana while in hospitals. Senate Bill 332, from Senator Barbara Favola (D), along with House Bill 75 from Delegate Karen Keys-Gamarra (D), expands existing protections for health professionals in hospices, nursing homes, and assisted living facilities related to medical cannabis to now include hospitals.
The law establishes a working group under the Virginia Department of Health to facilitate the implementation of cannabis products in medical care facilities, assessing relevant federal guidelines and state laws. This group will report back to legislative committees with guidelines by November 1.
Resentencing Relief for Prior Marijuana Convictions
The governor has proposed amendments to bills aimed at providing resentencing relief for individuals with specific marijuana-related convictions. Senate Bill 62 and House Bill 26 would allow those incarcerated for certain marijuana offenses to have an automatic hearing for sentence modification. However, Spanberger’s proposed changes would require affected individuals to file petitions to seek relief proactively.
This proposal reflects a shift from a previous version of the legislation that was also vetoed last session. The amendments seek to ensure clarity and accessibility for those seeking resentencing.
Clarifying Medical Marijuana Delivery and Labeling Rules
Recent legislation also addresses delivery methods for medical marijuana and updates labeling requirements. House Bill 391 would allow medical cannabis deliveries to patients not only at their homes but also at other residences and businesses, while imposing restrictions on deliveries to sensitive areas like schools and military bases.
The governor has suggested changing “delivery agent” to “marijuana delivery operator,” emphasizing licensing by regulators. Furthermore, updated labeling rules are aimed at making THC and CBD content clearer to consumers, with specific guidelines on stability testing.
Lawmakers are expected to reconvene on April 22 to consider the governor’s recommendations, which are pivotal for the evolving cannabis landscape in Virginia and relevant to the broader discussions of cannabis regulation and market opportunities.