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Bill

HB 2613

Child abuse and neglect; custody and visitation, possession or consumption of authorized substances.

2025 Regular Session Introduced by Nadarius Clark and 6 co-sponsors

HB 2613 prevents Virginia courts from denying parental custody solely based on authorized substance use, though Governor vetoed the measure twice, citing child safety concerns.

House sustained Governor's veto
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WeVote Research Nonpartisan
Bill Summary · HB 2613

Legislative bill overview

HB 2613 modifies Virginia law regarding child custody, visitation, and possession decisions by clarifying that a parent's legal use of authorized substances (such as prescribed medications or legalized cannabis) cannot, by itself, be grounds for denying custody, visitation, or possession rights. The bill aims to prevent discrimination against parents based solely on authorized substance use while maintaining protections against abuse and neglect.

Why is this important

As cannabis legalization and prescription medication use become more common, this bill addresses a practical gap where parents could lose custody rights despite complying with state law. It balances parental rights with child safety by distinguishing between authorized substance use and impairment or neglect that actually endangers children.

Potential points of contention

  • Impairment standards unclear: The bill may not sufficiently define what constitutes impairment or incapacity that would justify custody restrictions, creating litigation risk and inconsistent judicial application.
  • Cannabis specificity concerns: Given cannabis's recent legalization status, some argue the bill enables normalization of marijuana use around children without adequate safeguards for secondhand exposure or driving safety.
  • Enforcement challenges: Courts may struggle to distinguish between authorized use and problematic use patterns without clearer behavioral benchmarks or testing protocols.

Compiled from official sources — confirm details with the bill’s official record.

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