Virginia’s governor has signed bills to allow patients to use medical marijuana in hospitals and protect the parental rights of cannabis consumers.
Gov. Abigail Spanberger (D) on Monday also also recommended that lawmakers adopt amendments to legislation that is aimed at providing resentencing relief to people with prior marijuana convictions.
Meanwhile, advocates are awaiting her action on separate bills to legalize and regulate recreational marijuana sales in the state ahead of a midnight deadline.
Here’s a look at the cannabis legislation that Spanberger has already acted on:
Protect Marijuana Consumers’ Parental Rights
The governor signed a bill to protect the rights of parents who use marijuana in compliance with state law.
HB 942 from De; Nadarius E. Clark (D) states that a “person’s legal possession or consumption of substances…alone shall not serve as a basis to restrict custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child.”
The new law also specifies that a parent or legal guardian can’t be construed to have failed a drug test over legal substances such as cannabis.
The legislation is consistent with a measure Clark sponsored last session that advanced through the legislature, only to be vetoed by then-Gov. Glenn Youngkin (R).
“This is a significant victory for Virginia parents who consume cannabis responsibly,” JM Pedini, development director for the advocacy group NORML and executive director for Virginia NORML, told Marijuana Moment. “It’s taken seven legislative sessions to secure these most basic protections and prevent courts from needlessly separating children from their families.”
Allow Patients To Use Medical Cannabis In Hospitals
Spanberger additionally signed legislation to let patients use medical marijuana in hospitals.
SB 332 from Sen. Barbara Favola (D) and HB 75 from Del. Karen Keys-Gamarra (D) build upon existing state law protecting health professionals at hospices, nursing homes and assisted living facilities that aid terminally ill patients in utilizing medical cannabis treatment from punishment by adding hospitals to the statute.
The new law also creates a working group under the Department of Health to “discuss the implementation process for providing cannabis products to patients within medical care facilities.”
“The work group shall assess any available federal guidance or proposed regulations on the use of cannabis products or changes to the schedule for cannabis products under the federal Controlled Substances Act (21 U.S.C. § 801 et seq.) as well as interaction with applicable state laws,” the legislation says.
Its members will include representatives of the Virginia Hospital & Health Care Association and the Virginia Health Care Association, as well as health care providers and palliative, hospice, and hospital volunteers familiar with issues associated with providing care to individuals experiencing chronic illness.
The measure directs the working group to submit a report to key legislative committees including “written guidelines for the use of medical cannabis within medical care facilities and the safe operations of medical care facilities” by November 1.
Meanwhile, the governor also proposed that lawmakers amend legislation to provide resentencing relief for prior cannabis convictions:
Provide Resentencing Relief For Prior Cannabis Convictions
Lawmakers sent Spanberger bills to allow people who have certain marijuana convictions on their records to receive resentencing relief, but she wants them to make changes.
As approved by lawmakers, SB 62 from Senate President Pro Tem Louise Lucas (D) and HB 26 from Rozia Henson, Jr. (D) would create a process by which people who are incarcerated or on community supervision for certain felony offenses involving the possession, manufacture, selling or distribution of marijuana could receive an automatic hearing to consider modification of their sentences.
The relief would apply to people whose convictions or adjudications are for conduct that occurred prior to July 1, 2021, when a state law legalizing personal possession and home cultivation of marijuana went into effect.
Under the governor’s proposed amendments, affected persons would have to proactively file petitions to get the relief instead of having the courts proceeding automatically. Spanberger’s suggestion also removes deadlines for court hearings on resentencing relief.
Similar legislation was approved by lawmakers last session but it was vetoed by Youngkin, the former governor.
Lawmakers are set to reconvene to address the governor’s proposals on this and other bills on April 22.
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