Marijuana possession or use; DSS to study justification for removal of child/denial of custody, etc.
Impact
If enacted, the resolution would prompt a detailed investigation into the patterns regarding parental rights and marijuana use. The study's goals include assessing how often parents are denied custody or visitation based solely on their marijuana use, as well as examining the demographic trends associated with these decisions. Furthermore, the resolution aims to highlight the unmet needs of children and families in such situations, potentially leading to legislative recommendations that align marijuana treatment with that of alcohol in custody considerations.
Summary
HJR526 is a resolution introduced to request the Virginia Department of Social Services to conduct a study examining the implications of marijuana possession or use as a justification for denying custody or visitation rights. This resolution acknowledges the legalization of marijuana in Virginia and aims to ensure that parents are not unjustly penalized for their marijuana usage in matters related to child custody and visitation. It is positioned within the broader context of family law, particularly concerning how parental behaviors are evaluated in custody proceedings.
Contention
Key points of contention surrounding HJR526 may arise from differing opinions on the impact of marijuana use on parenting. Proponents argue that it is crucial for safeguarding parental rights and ensuring that families are not unnecessarily disrupted due to lawful behavior. Critics, however, may contend that there are legitimate concerns about how marijuana use could influence parental responsibilities and child safety. The resolution's call for a study reflects an acknowledgment of these complexities and the need for a nuanced approach to the intersection of substance use and family rights.
Removing the criminal penalties for possession of a personal-use quantity of marijuana and creating a civil penalty for possession of a personal-use quantity of marijuana.