In recent years, the legalization of marijuana in several states has caused legislatures to rethink how the law regards cannabis use. The ramifications of this change go well beyond whether or not someone will be incarcerated for possessing a small amount of marijuana. Legal standards related to finance, bankruptcy and even family law are being reconsidered. In Virginia, a supporters of a proposed measure sought to codify that the legal use of marijuana should not, by itself, be used as evidence of child abuse or neglect in custody disputes.

Since Virginia legalized the possession and personal use of marijuana for adults over 21 in 2021, questions have arisen about how its legal use could affect child custody decisions. The proposed law would have ensured that legal marijuana use could not be held against parents in custody or visitation determinations unless other information showed that children were put at risk. 

Though passed by both houses of Virginia’s General Assembly, Governor Glenn Youngkin vetoed the bill, citing concerns about child safety. In his statement, Youngkin expressed that marijuana use, even when legal, could impair judgment and parenting abilities. He emphasized the need for courts to consider all factors, including legal marijuana use, when determining what type of custody and visitation arrangements are in the best interests of a child.

Supporters of the bill argued that, much like alcohol, legal marijuana use should not automatically imply that a parent is unfit to care for their child. They emphasized that decisions in custody cases should be based on actual evidence of harm or neglect, not merely the legal consumption of a substance.  

Parents involved in child custody disputes should be aware of the possibility that even legal behavior could be used against them. In a contested proceeding, they might need to demonstrate that their use of marijuana does not impair their ability to care for their children. The difference in opinion between Governor Youngkin and the General Assembly on this subject highlights the ongoing tension regarding the proper approach toward legal cannabis consumption in custody matters. 

Consulting with an experienced family law attorney can provide critical guidance for parents facing these challenges, working to protect their rights while prioritizing the best interests of their children. At Harding, Harding & Harding Attorneys at Law, PLC, we stay on top of the latest Virginia legal developments so that clients in divorces and custody proceedings understand how the law applies to their situation. Please call 757-499-2600 or contact us online for a free consultation. Our offices are in Virginia Beach, Chesapeake and Norfolk.