Virginia patients will soon be able to use medical marijuana inside hospitals and no parent will lose custody of their child simply for using cannabis legally, after Governor Abigail Spanberger signed two major reform bills into law on Monday.
The new laws mark the strongest patient and consumer protections Virginia has ever enacted and come as the state continues to wrestle with launching adult-use sales three years after legalization.
Starting July 1, 2025, any registered medical cannabis patient admitted to a Virginia hospital or nursing home will have the right to possess and use their own cannabis products on site, including flower, oils, and edibles.
The law requires hospitals to create written policies allowing “self-administration” of medical cannabis in forms that do not involve smoking or vaping. Hospitals can still ban combustion, but patients cannot be denied access to their medicine simply because they are hospitalized.
“This ends the cruel practice of forcing patients into withdrawal or making them choose between proper medical care and their doctor-recommended treatment,” said Jenn Michelle Pedini, executive director of Virginia NORML.
The legislation sailed through both chambers with overwhelming bipartisan support, passing the Senate 39-0 and the House 92-6.
Parents Who Use Cannabis Gain Explicit Legal Protection
In a separate bill that also took effect immediately upon signature, Virginia now explicitly states that legal cannabis use by a parent or guardian “shall not be the sole basis” for denying custody, visitation, or foster care placement.
The new law closes a dangerous gray area that has allowed Child Protective Services workers in some counties to threaten parents with removal of their children even when the adult was fully compliant with state law.
“No Virginia family should ever live in fear that following state law could cost them their kids,” Governor Spanberger said during the signing ceremony at the State Capitol.
The parental rights bill passed unanimously in both the Senate and the House.
Spanberger Proposes Changes to Retail Sales and Criminal Justice Bills
While celebrating the patient and parent victories, the governor sent two much larger cannabis bills back to the legislature with recommended amendments.
One bill would finally launch regulated adult-use marijuana sales in Virginia beginning May 1, 2025. The original version passed both chambers earlier this year, but Spanberger wants changes to tax rates and the number of licenses awarded to social equity applicants.
Her amendments would lower the retail excise tax from 9% to 6% and guarantee that at least 30% of all licenses go to people with past marijuana convictions or who come from communities hardest hit by prohibition.
The second bill under review would create a process for people currently incarcerated or on probation for cannabis offenses that would no longer be crimes to petition courts for resentencing or record expungement.
Spanberger’s suggested changes would expand eligibility to include felony possession cases and speed up the timeline for automatic relief.
Lawmakers will return for a one-day reconvened session on April 9 to vote on accepting or rejecting the governor’s amendments.
Virginia Remains the Only Southern State Without Legal Sales
Despite legalizing possession and home cultivation in 2021, Virginia still has no legal way for adults to purchase cannabis. The gray market of “gifting” shops and unregulated deliveries has filled the gap, but consumers and state officials alike warn of safety risks.
A 2024 report from the Joint Legislative Audit and Review Commission found that delaying regulated sales has cost Virginia more than $500 million in potential tax revenue since 2021.
If lawmakers accept Spanberger’s amendments next month, retail stores could open as early as spring 2025, making Virginia the first Southern state to allow legal marijuana sales.
The rapid string of victories has energized advocates who spent decades fighting for reform in a state once known for some of the harshest cannabis penalties in America.
From hospital beds to family courtrooms, Virginia just made it clear: legal cannabis users are patients and parents first, not criminals.
