Virginia Governor Enacts Protections for Cannabis Users and Expands Medical Marijuana Access in Hospitals

Virginia Governor Abigail Spanberger has signed landmark legislation aimed at strengthening the rights of cannabis consumers in the state, particularly parents and hospital patients. On Monday, Spanberger enacted bills that explicitly protect the parental rights of individuals who use marijuana legally and allow the use of medical cannabis in hospital settings. These measures mark a significant shift in Virginia’s approach to cannabis regulation and patient care, following years of advocacy and previous vetoes under the former administration

The new parental rights law, championed by Delegate Nadarius E. Clark, prevents courts from restricting custody or visitation solely based on a parent's legal use or possession of cannabis. The statute clarifies that legal consumption cannot be used as evidence of parental unfitness unless it is proven not to be in the best interest of the child. "This is a significant victory for Virginia parents who consume cannabis responsibly," said JM Pedini, development director for NORML and executive director for Virginia NORML. Pedini emphasized that it has taken seven legislative sessions to secure these protections and prevent unnecessary family separations

In addition, Spanberger signed legislation permitting the use of medical marijuana in hospitals, building on existing laws that already allow such use in hospices, nursing homes, and assisted living facilities. The bill, sponsored by Senator Barbara Favola and Delegate Karen Keys-Gamarra, also establishes a Department of Health working group to develop guidelines and assess federal regulations regarding cannabis use in medical care facilities. The group, which will include representatives from major healthcare associations and providers, is tasked with submitting a comprehensive report and operational guidelines by November 1

Spanberger has also recommended amendments to bills that would provide resentencing relief for individuals with prior marijuana convictions. While the original legislation would have created an automatic process for those seeking sentence modification for offenses committed before July 1, 2021, the governor's amendments require affected individuals to file petitions and remove deadlines for court hearings. Lawmakers are scheduled to reconvene on April 22 to consider these proposed changes, reflecting ongoing debates over how best to remedy the consequences of past cannabis prohibition

These legislative moves come amid broader efforts to legalize and regulate recreational marijuana sales in Virginia, with Spanberger proposing changes to related bills. The ongoing evolution of the state's cannabis laws is closely watched by advocacy groups, healthcare providers, and individuals affected by past convictions. According to Marijuana Moment, similar bills were previously vetoed by former Governor Glenn Youngkin, highlighting the significance of the current administration’s actions

From the OG Lab newsroom perspective, Virginia’s comprehensive approach to cannabis reform—addressing parental rights, patient access, and criminal justice relief—signals a maturing policy environment that could serve as a model for other states. As lawmakers revisit resentencing provisions and implementation guidelines for hospitals, stakeholders across the cannabis and healthcare sectors will be watching how these changes unfold and influence national conversations about cannabis rights and regulation