Week 2 Session Update 2021

Sunday, January 24, 2021

Dear Friend,

The second week of the General Assembly kicked into high gear and we all worked diligently to hear bills in our committees and to pass legislation on the floor of the Senate. Noted below are highlights of this past week: 

Legalization of Marijuana - The Senate Rehabilitation and Social Services Committee, a committee that I chair, considered Senator Ebbin’s SB1406 this week after it had been heard in subcommittee. The bill would allow for the production and sale of marijuana in Virginia. The full committee voted to pass the bill, on a party-line vote, and to re-refer the bill to the Judiciary Committee, which will analyze the criminal record expungement issues embedded in the bill.

A large number of speakers participated in public comment both in the subcommittee and full committee hearings. The overwhelming majority of speakers supported the legalization process, while also highlighting concerns about the social equity elements of the bill. A major take away from the public comment period was the request to build a system that would ensure economically disadvantaged black and brown people would be able to participate in the economic opportunities offered through the legalization of marijuana. I believe the bill articulates a strong framework and well-defined targets for regulators to accomplish this goal.

Additional concerns were raised regarding the home cultivation of marijuana plants, the intersection of marijuana use and safe driving, the protection of minors (those defined as being under the age of 21), and how the licensing of recreational marijuana would affect the medical marijuana industry. The committee engaged in a healthy debate on these topics, and I believe crafted language that will guide the implementation process toward a fair and balanced result.

Advocates strongly urged lawmakers to repeal the crimes associated with marijuana because convictions under those laws have fallen most heavily on minority and economically disadvantaged communities. I am certain that the final bill that lands on the Governor’s desk will have a strong expungement element in it. Governor Northam and progressive lawmakers feel very strongly about achieving social justice with this legalization effort.

It was also noted that allowing a marijuana industry in Virginia would add an additional cash crop opportunity for Virginia’s farmers and allow for new small business opportunities. The legislation ensures that every effort must be made to also offer opportunities to those who can bring sweat equity and entrepreneurship to the table, but who have traditionally been denied access to capital. The bill includes a provision that would allow counties to remain “dry” counties, if through a referendum, they choose to “opt out.” The bill still has a few more hurdles to go through before it is acted on by the Senate. It will be considered by the Judiciary Committee next, and then will also need to be heard by the Appropriations and Finance Committee. I will keep you posted.

Making Access to Abortion Care Available on the Insurance Exchange - Senator McClellan’s bill (SB 1276) removes language from the Code that prevents health insurance plans sold through Virginia’s Health Benefits Exchange from including health coverage for abortions. Abortion is the only legal medical procedure that is currently banned from Virginia’s Health Exchange. The bill does not allow state or federal taxpayer money to be spent on abortion services, the Hyde Amendment remains in place. Moreover, insurance companies must segregate any federal subsidy payments to ensure that no taxpayer money would be used to fund abortion services. I am a co-patron on this bill because I agree with so many of you that abortion is a decision that should be made between a woman and her doctor and insurance coverage should not be withheld so that lawmakers can interfere in this very private decision.

Paid Sick Days & Paid Family Leave - My bill to require employers who already offer sick leave to allow full-time employees to take up to 5 of those sick days to care for a family member will be heard for the second time before the Senate Commerce and Labor Committee. Bolstering Virginia’s economy is a top priority of Senate Democrats. I contend that my flexible leave bill is critical to accomplishing this priority, especially when it comes to enabling women to re-enter the workforce. 

On Friday (January 22), my bill to require the Bureau of Insurance to identify ways to encourage employers to voluntarily offer paid family leave passed the Senate on a vote of 24-15. This vote should have been 39-0, but any change from the status quo is a big deal, so we must accept baby steps before lawmakers feel comfortable passing something that is truly comprehensive, no matter how obvious the need.

Protecting Individual Privacy in Accessing Mental Health Services - Next week, several important bills that I am sponsoring will come to the floor for a vote. One bill removes a statute that requires health care professionals to ask the immigration status of anyone being admitted to a state facility for mental health treatment. The second bill protects court generated mental health treatment orders from being shared with ICE, unless an individual is convicted of a felony. Both of these statutes were enacted in 1950, long before passage of HIPAA and the evolving societal acknowledgment that the stigma associated with mental health illnesses must be eradicated. Only Virginia and South Carolina still have these chilling statutes on their books. I have to thank Justice Forward, among other groups, for helping me get this important legislation to the Senate floor.

Thank you for your ongoing interest and support. My office has arranged for zoom “constituent chats” each week. If you need to speak with me or my staff during session, the easiest way to arrange for zoom time is to email us.

Please stay safe. I will do my best to update you on vaccine information over the coming weeks. Rest assured, I will always be fighting for our progressive values.

Sincerely,