Members of a newly re-established cannabis commission in Virginia held an initial meeting on Wednesday, kicking off what’s slated to be months of hearings focused on the future of marijuana in the commonwealth—a process expected to result in a revised proposal to legalize retail sales that lawmakers plan to introduce next session.
As part of an earlier year House Joint resolution, this group has been charged with collecting public feedback on a variety of issues related to Virginia’s potential transition into a commercial market for adult cannabis use.
Our goal is to develop a cannabis policy that meets the needs of the community, while also incorporating principles such as restorative justice and economic equity. Paul Krizek’s (D), the person who sponsored both the legislation that created the Commission and past bills on legal cannabis sales, spoke at the opening of the Hearing. The idea is to create the best possible bill to be reintroduced in the next legislative session.
Use and possession of marijuana has been legal in Virginia since 2022, but retail sales remain forbidden—a situation that’s helped fuel a multibillion-dollar illicit market. Despite efforts by Democrats in past years to legalize and regulate the retail system, Gov. Glenn Youngkin, (R), has opposed the reform by vetoing the proposals that were passed during the two previous legislative sessions.
Youngkin is however term-limited, and therefore unable to stand for reelection this November. In the near future, the replacement governor will likely decide if products regulated in Massachusetts are made available.
Six members of the House of Representatives and four senators make up the panel. It is officially called the Joint Commission for Oversight of the Transition of Commonwealth into Retail Cannabis Market. At Wednesday’s meeting, the group first elected a chair and vice chair—Krizek and Sen. Lashrecse D. Aird (D), respectively—and heard an overview of the state’s historical and existing cannabis laws.
As a starting point for the coming session, Krizek and others have said the plan is to begin with the legislation sent to Youngkin this past session, SB 970 and HB 2485. Language in these measures was similar to a proposal that lawmakers also approved the year before.
Krizek wrote to MEDCAN24 by email, before the hearing, that “the bill passed over the last two year, with a handful of minor tweaks, will be my starting point.” Staff walked the members through this proposal extensively at the actual hearing.
Some members of the commission, especially those who expressed doubts about commercial marijuana sales said that they looked forward to learning more before next session of legislation.
Christine New Craig, a Republican senator from New Jersey said: “I’m here because I was hired by my constituents to make hard decisions. I am here to find out everything I can about the two sides. I also want to ensure that we get it right.”
This year the commission will hold three additional meetings, including one on August 20.
Krizek added, “We will meet until the expiration of this commission on July 1, 2020.”
Krizek noted that the legalization and regulation of retail marijuana sales would help to achieve several goals, including generating revenue for the community, creating new local and small businesses, strengthening the state’s agriculture sector, addressing racial injustices in cannabis enforcement practices, protecting public health, and increasing state funding for the pre-kindergarten program.
Members of the Commission also raised other concerns at their meeting of Wednesday. These included changes to the state’s medical cannabis system, the regulation of the hemp-based products market, and a need to learn more about issues such as product potency or the potential dangers that driving while impaired can pose.
Krizek stated that the meetings of this group will have as a primary goal to collect public feedback about what is important in a retail legal marijuana market.
“What I really love about being on this commission, I think, is that we’re going to have a lot of opportunity to get to generate some public input—from the stakeholders and from the general public—and do it without being pressured for time and get a really good bill through for next year,” he said.
In order to achieve this, Wednesday’s panel meeting concluded with just under 30 minutes of speakers’ comments. They overwhelmingly expressed an interest in encouraging a highly competitive industry that is accessible and has regulations which are suitable for both small companies with equity ownership as well.
Marijuana Justice is an organization which prioritizes equity, community investment, and sustainability. They have called for the legalization of marijuana in California to be “equitable,” competitive and sustainable.
Among its priorities are ensuring equity and fairness in the licensing of businesses and participation in programs, providing capital and financial aid to applicants, preventing monopolization and investing the revenue from the legal cannabis industry in the communities that were disproportionately affected.
Chelsea Higgs Wise (founder and executive director of the group) spoke before the commission. In her remarks, she offered lawmakers “continued assistance” on matters like how to stop the adult-use industry from being dominated solely by large corporations. She asserted that Virginia’s legal structure should be viewed through the lens of public health and equity.
Higgs also noted that the lawmakers had not discussed social consumption areas where adult marijuana users could be legally allowed to use it. Previous bills, she said, would have permitted landlords and tenants to refuse cannabis usage in their apartments. Her warning was against adopting unproven roadside impaired tests which would perpetuate disparities between black and white marijuana arrests.
Damian Fagon is a former New York State Cannabis regulator and now executive leadership fellow for the nonprofit advocacy group Parabola Center. He encouraged the members to take lessons from New York, as well as other states, which have licensing systems that prohibit a single entity to control the entire supply chain from seed to sales.
Virginia is a great example of the benefit that hindsight can provide. “You can easily see the impact of a single firm controlling all aspects from seeding to selling on markets that have less consumer choice. [and] There is little diversity of ownership and small business access.
The chairman urged panel members to “build Virginia’s market upon this proven two-tier basis” and to “mandate that producers and retailers be separated.”
Fagon stated that Virginia has an opportunity to create a market for cannabis in America’s South which is the most prosperous and equitable. The only way to accomplish this is with a two-tiered structure.
Fagon published an op/ed earlier in the month in MEDCAN24, warning that corporate tobacco is working hard to put their business and financial interest in cannabis reform ahead of public health and consumers needs.
At Wednesday’s hearing, Sen. Adam Ebbin reminded panel members “to keep our mission in mind.”
Ebbin stated that, although “we heard many good points and information from experts near the conclusion of the discussion,” he also emphasized the fact that, thanks to the efforts of Gov. Youngkin’s pen of veto has allowed the sale to be done through illegal, non-taxed businesses.
It is my goal to get sales off the streets and behind a verified counter, with tested products. I’m sure that the majority of members on this commission also share that goal. The question of how to do this is a big one that we will need to address in future meetings.
JM. Pedini (executive director of Virginia NORML, and director of development at NORML’s national organization) made separate comments at the conclusion of the hearing to MEDCAN24. He stressed that it was important for voters to elect a Governor who is open to cannabis-reform. Regardless of what lawmakers put in a legal sales bill, an executive who opposes the reform could keep cannabis commerce illegal for years to come.
“The most important consideration for any Virginian interested in participating in the adult-use market—either as a consumer or a business—is their vote this November,” Pedini said. If Virginians do not elect a Governor who is committed to signing a retail adult-use measure, they won’t have another opportunity until 2030 to legalize the sale.
Jason Blanchette was skeptical about the necessity of the Virginia Cannabis Association’s (VCA) commission. He told MEDCAN24 last month in an interview that his group did not plan to take part. At the time, he said that VCA’s focus was on reintroducing that same bill sent by lawmakers to Youngkin over the last two years.
Blanchette attended the commission’s meeting on Wednesday. He recently formed a positive view of the group, he told MEDCAN24. This is partly due to assurances that they will be using the previous bill as a starting point for any proposed new legislation.
“I never thought I would find myself here today,” said the commissioner, thanking its members for their involvement. “Words do matter. And this bill—the current form of this bill—has passed twice. The governor has vetoed it twice.
Youngkin has also obstructed more gradual reforms. In May, Youngkin vetoed legislation that would allow medical marijuana deliveries to be made directly to patients in locations other than the home. This bill also would have required updated labeling standards so the packaging clearly indicated THC levels and CBD.
In March, after the legislature passed the legislation, Youngkin recommended an amendment that would remove language to allow marijuana to be delivered to places other than a patient’s private residence. Lawmakers later declined to make that change, however, and sent the unamended bill back to the governor.
The proposal had strong support in both chambers, passing the Senate on a 30–10 vote and winning final approval in the House on an 84–14 margin. Youngkin, however, rejected it.
“While accurate labeling is essential to ensure patients receive consistent and safe medical cannabis,” he wrote in a veto message, “this bill would codify the ability to deliver medical cannabis to commercial businesses and temporary residences, raising public safety and regulatory concerns. Permitting deliveries to businesses—including locations where substance abuse, gambling, or other high-risk activities may occur—creates unnecessary risks for diversion, theft, and unintended access by minors.”
Pedini at NORML described the veto at the time as “yet another example of the attacks on legal cannabis and responsible consumers that are underway across the nation.”
Youngkin in March also vetoed a host of other drug reform proposals passed by lawmakers, including the legal sales bill and another to authorize the prescription of a synthetic form of psilocybin as soon as the federal government authorizes its use.
Beyond the legal sales and psilocybin bills, the governor also rejected a number of other cannabis-related reforms this session, including efforts to resentence people serving time for cannabis offenses and protect the parental rights of those who legally use the drug.
Youngkin said in a statement of veto that the legalization of sales for adult use marijuana would “endanger Virginians health and safety.”
The governor said that states following this route have experienced adverse health effects and increased violent crime. They also saw a significant decline in road safety and a decline in mental health. Retail marijuana has led to significant costs, which far outweigh the tax revenues. The governor also claimed that the law does not guarantee safety of products or eliminate black-market sales.
Even before the start of the current legislative session, Youngkin’s office had signaled it had no interest in the reform.
Christian Martinez told Virginia Public Media, late last year, that the Youngkin had been clear about a possible veto.
Reform advocates are already watching to see where his possible replacements stand on legalization and other cannabis policy changes.
Two frontrunners for the position—Republican Lt. Gov. Winsome Earle-Sears and Democratic former U.S. Rep. Abigail Spanberger—have starkly different views on the reform.
Earle Sears recently said the same thing as Youngkin, saying about legalization:
She has also stated that marijuana is a gateway substance and she terminated a former employee who used it.
Spanberger voiced, meanwhile support for a regulated wholesale market.
She stated, “We require a regulated, growing cannabis market.” We also have to ensure that [tax] “Revenues flowing into Virginia are used for the improvement of our schools and communities.”