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Nevada Governor Signs a Bill to Stop People from Being Disqualified as Foster Parents Because of Past Marijuana Offenses

Nevada Governor signed legislation to lift a ban on foster parenting for people with past marijuana convictions.

Nevada’s voters approved the use of cannabis by adults in 2016. However, state law still prohibited adult cannabis users or those who had been convicted for other drugs or cannabis more than five-years ago from being foster parents.

This new policy was sponsored by Assemblymember Tracy Brown May (D), and it has been signed by Governor. Joe Lombardo will make a change.

AB107—which unanimously passed the Assembly and cleared the Senate in a 19-2 vote—amends prior statue to carve out an exemption for foster parents and workers who were convicted of low-level cannabis possession at the state or local level “within the immediately preceding five years” of seeking a license. The existing restrictions will apply to convictions for cannabis sales.

Up until now, officials from the state could suspend or cancel a foster-care license when a check of the background, required every five years by law, revealed a previous cannabis history.

A legislative digest of the bill states that “this bill authorizes any person convicted for such a violation to be employed, live in, or even be present at a foster care home.”

Ashley Kennedy is a Clark County Lobbyist who requested the fix in the legislature. She told legislators earlier this month, “Over the years, we’ve lost caring, qualified people due to their criminal records. Especially, marijuana convictions for possession over the past 20 years.” These convictions are “nolonger aligned with Nevada’s current laws.”

Now that the Senate has passed the final version of this bipartisan legislation, the measure will be sent to Governor. Joe Lombardo has approved previous cannabis and psychedelic legislation.


MEDCAN24 has been tracking the hundreds of bills relating to cannabis, psychedelics or drug policies that have passed through state legislatures as well as Congress in this past year. Patreon subscribers who donate at least $25/month have access to the interactive maps and charts as well as our hearing calendar.


Find out more about our marijuana law tracker. To gain access, become a Patreon supporter.

After three years following the legalization of medical marijuana, 2023 found states with the highest percentage of foster children who were placed in care because of parental drug use. Legalizing adult-use marijuana was not statistically associated with any change in the entry of foster children.

The study did not identify any meaningful links between the legalization of adult drug use in America and cases of foster care substance abuse. However, another study from 2022 found one. Researchers at the University of Mississippi found that recreational legalization was associated with at least a 10 percent decrease in foster care admissions on average, including reductions in placements due to physical abuse, neglect, parental incarceration and misuse of alcohol and other drugs.

Meanwhile in Nevada, the state Assembly recently amended and advanced a Senate-passed joint resolution calling on Congress to reschedule certain psychedelics, streamline research and provide protections for people using the substances in compliance with state law.

Last month, meanwhile, a Nevada Assembly committee passed a psychedelic pilot program bill that would allow some patients with certain medical conditions to legally access substances such as psilocybin, DMT, ibogaine and mescaline.

Minnesota Governor Signs Bill To Decriminalize Bong Water Containing Drug Residue

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