Having a bad day? Here’s an “At least I’m not that guy” moment: Richard DeLisi served more than 31 years of a 90-year sentence for nonviolent cannabis convictions. Virginia’s marijuana laws are evolving quickly. How can they affect your Virginia child custody case in a family law matter?

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Virginia Marijuana Laws and Child Custody: What You Need to Know

Before plunging into the legal haze around your custody case, you need to know the current marijuana laws in Virginia. The Cannabis Control Authority (CCA) identifies five legal uses:

  1. Medical cannabis from licensed processors or dispensaries
  2. Possession for personal use in a private residence
  3. Public possession of up to 1 oz.
  4. Home cultivation of up to four plants
  5. Adult-sharing (up to 1 oz. between adults 21+)

The CCA also highlights six illegal marijuana activities in Virginia:

  1. Buying or selling adult-use cannabis outside pharmacies/dispensaries
  2. Growing plants visible to the public
  3. Cultivating more than four plants
  4. Driving while under the influence of cannabis
  5. Carrying cannabis while providing ride services (Uber, Lyft, cab, etc.)
  6. Storing open cannabis containers in the passenger area of a vehicle

Virginia penalties are steep:

  • Over 1 oz. to 4 oz. — $25 civil fine
  • Over 4 oz. to 1 lb. — Class 2/3 misdemeanor
  • Over 1 lb. — Felony, 1–10 years prison, up to $250,000 fine

These penalties appear in Virginia Code § 4.1-1100.

Recent Updates: Vetoes and Legal Grey Areas

Governor Glenn Youngkin has twice vetoed legislation to expand marijuana access and protections, including:

  • Bills protecting parents from child abuse allegations based on legal cannabis use (HB2613)
  • Expanding delivery options (HB1989)
  • Resentencing for past marijuana convictions (HB2555)

Youngkin has stated that judges may consider cannabis use when deciding custody, even if it is legal. His vetoes mean parents remain vulnerable to accusations tied to marijuana use in custody cases.

Marijuana Use and Child Custody in Virginia

Your ex may accuse you of “crimes” that are no longer crimes. You can legally obtain and use medical cannabis at home, but custody disputes often mix law and morality.

If your ex uses outdated arguments against you, knowledge of the current Virginia marijuana code is your best defense. Consider printing out Code of Virginia Title 4.1. Alcoholic Beverage and Cannabis Control and § 18.2-248.1. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana to counter false claims.

Unfortunately, because Youngkin vetoed HB2613, parents who use cannabis can still be accused of neglect or abuse if someone misinterprets their behavior as “manufacturing” or “distributing.”

Responsible Cannabis Use and Parenting

Even if cannabis is legal, courts may evaluate its impact on children. Just as children may see parents drink alcohol, smoke tobacco, or gamble, they may also witness legal cannabis use.

However, appearances matter. Avoid returning children to your ex smelling of marijuana — even residual odor could be used against you in custody disputes. Wash clothes, bathe children, and plan accordingly after visitation.

Remember: the best interests of the child remain the court’s highest priority.

Good News for Virginia Parents Who Use Cannabis

There are protections worth noting:

Still, you must act responsibly to avoid giving your ex ammunition in court.

Presenting Evidence in a Child Custody Case

If you use marijuana responsibly, evidence can demonstrate your fitness as a parent. Examples include:

  • Witness statements on your responsible use
  • Medical records showing your health is stable
  • Absence of criminal charges related to cannabis
  • Receipts from dispensaries confirming lawful purchases
  • Children’s medical records showing their wellbeing
  • Your honesty in court about cannabis use

When the Other Parent’s Cannabis Use is the Issue

Sometimes your ex-spouse’s behavior, not yours, is the problem. If her cannabis use endangers the children, gather credible evidence:

  • Witness statements showing neglect or abuse
  • Police reports of illegal activity
  • Communications (texts, emails) about marijuana use
  • Medical records showing children’s harm while in her care

Be realistic: judges know cannabis is common and no longer carry “Reefer Madness” attitudes. Occasional use won’t win you custody — but proven endangerment might.

Protecting Fathers and Families in Virginia

A Virginia family law attorney is essential when marijuana and custody intersect. At The Firm For Men, we know the latest cannabis laws and custody rulings.

We protect fathers against false accusations, help present evidence responsibly, and work toward fair custody arrangements. Contact us today at (757) 383-9184 to schedule a consultation.