In this July 26, 2021 photo, Brianne Walker plays with her 3-year-old daughter, Jeannette, at A Place To Grow daycare in Brentwood, N.H. Walker and her family have qualified for the expanded child tax credit, part of President Joe Biden’s $1.9 trillion coronavirus relief package. “The additional money does help alleviate the pressure,” said Walker, 29, who took custody of her two siblings last year after her mother overdosed. The $800 credit will help make up for losses she incurred after quitting a kitchen design job to care for her three children, as well as her two younger brothers. (AP Photo/Elise Amendola)
South Florida Democratic Sen. Tina Polsky has filed a bill for consideration in the 2025 regular legislative session that would prohibit a court from denying or restricting parental rights based solely on a parent’s use of medical marijuana.
The measure (SB 146) also would prohibit the presumption of neglect or child endangerment based on a parent’s status as a certified medical marijuana patient. Polsky filed a similar bill in the 2024 session but it was never considered by the Senate. In its support of the 2024 proposal, the National Organization of Reform of Marijuana Laws (NORML) last year released a statement noting “there is no evidence to suggest that cannabis use impacts one’s ability to take care of a child.”
Data from the Office of Medical Marijuana Use show that as of Jan. 3, 895,469 patients in Florida are certified to use medical marijuana.
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24 states with protections
Medical cannabis is legal in 38 states. Twenty-four states have adopted some type of anti-discrimination employee protection, according to the National Conference of State Legislatures.
A similar bill was passed by the Virginia General Assembly last year but ultimately was vetoed by Republican Gov. Glenn Youngkin. That measure would have prevented courts from using a parent’s marijuana use as the sole basis to restrict visitation or alter custody rights.
Polsky also has filed legislation for consideration in the upcoming 2025 regular session that would protect from repercussions public employees and certified medical marijuana patients with positive drug test results. That proposal would prevent government employers from refusing to hire or from suspending, demoting, or discharging qualified patients for using medical marijuana. The bill would not, though, protect an employee who is impaired at work. The House version of that bill was filed last week by Broward County Democratic Rep. Mitch Rosenwald.
Polsky filed similar legislation last year but it also was not heard by the Senate.
The 2025 regular legislative session starts March 4. The 60-day session is slated to end May 2.
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