The Virginia Governor has rejected a proposal to legalize retail marijuana sales. Glenn Youngkin rejected several cannabis-related reforms this week, including attempts to punish people for marijuana offenses or protect parental rights.
The legislature will reconvene April 2, to discuss overturning the governor’s vetoes, and to address amendments to bills that the Governor has suggested.
Along with vetoing cannabis-related measures, Governor Brown is also proposing an amendment to the bill that would seal criminal records in the past by delaying its implementation for six month and removing delivery language from another law altering state rules on medical marijuana.
Parents’ rights
One bill to receive a veto was HB 2613 from Del. Nadarius C. Clark (D), who would protect parental rights for legal cannabis consumers. The bill specifies that the use of cannabis by a parent would not constitute abuse or neglect of a child. It would protect the rights of parents to visitation and custody by prohibiting legal cannabis use from having an impact on these issues.
Youngkin said in his message of veto that “the measure introduces unnecessary complications, and exposes children to danger.”
The bill does not consider the evidence that clearly links substance use with child abuse, he added. “This is especially true in light of an increase of incidents where children have consumed cannabis-infused products since marijuana was legalized.” HB 2613, which prohibits courts from taking into account parental marijuana use when determining custody or visitation decisions, risks placing drug use above the well-being of children.
The proposal passed the House on a narrow 50–48 vote and cleared the Senate by a 26–14 margin. The measure is similar to one that was passed last year by legislators, and which Youngkin vetoed.
Cannabis Resentencing
Youngkin also vetoed a bill that would have allowed people who had certain marijuana-related felony convictions to receive a resentence, which could lead to shortened incarceration and an early release.
Del. Rosia Hnson’s (D) revised version is the resentencing legislation passed last session by legislators, and Youngkin vetoed it.
Chelsea Higgs Wise is the executive director for the Marijuana Justice advocacy group. She said that the proponents for this year’s version made changes to last year’s program in order to gain support from the Governor’s Office. For example, they removed eligibility from people who had more serious criminal records. The advocates hoped that the changes would prevent another Youngkin’s veto. However, this did not happen.
In his veto, the Governor said that, “While this measure is framed for non-violent criminals, it would reduce sentences for those who have been convicted of violent crimes involving marijuana, such as crimes involving fentanyl, or sales to minors.” The proposal is unfair to courts, prosecutors and victims. It requires hearings for people whose sentences have been enhanced because of prior marijuana convictions, but who were actually convicted of more serious crimes.
Youngkin wrote, “Public Safety must remain Commonwealth priority.” This bill is a threat to the justice system because it allows automatic review of sentences regardless of the context in which an individual has committed crimes.
Last Prisoner Project responded to Governor Brown’s actions, saying the bill “would have permitted thousands of people convicted in outdated cannabis laws…to have their sentences reviewed due to legalization.”
The group stated that the Governor’s veto ignored the families who are still affected by prohibitionist laws, which were repealed just three years earlier. Virginia ended its cannabis prohibition three years ago, but many people are still incarcerated.
The House passed this year’s bill 51–44, while the Senate approved it on a 21–15 vote.
Sealing old criminal records
This year, lawmakers passed different versions of the legislation in both the House of Representatives and Senate to seal criminal records. The reform does not apply only to cannabis but to all possession charges and convictions.
Broadly, as passed by lawmakers, the two bills—HB 2723 and SB 1466—would extend a state-mandated expungement process set in 2021, giving local governments another 12 months to make required changes. This legislation also requires automatic sealing of non-conviction cases such as arrests, deferred cases or dismissed cases. It would also expand the records that can be expunged by petition.
Youngkin wrote to legislators that he “approve[s] The general purpose of the bill”, but returns it with changes. The changes that he suggests are primarily aimed at delaying the implementation of various legislation provisions by six months.
Scott Surovell D, who is the House sponsor for the plan, said previously that it “ensures all marijuana possession and convictions are sealed.”
A conference committee version of HB 2723 passed the House 98–0 and the Senate 28–12. A conference version of SB 1466, meanwhile, was approved on a 97–0 vote in the House and 28–11 vote in the Senate.
Virginia State Crime Commission also supported the reform, voting in January for a series of recommendations related sealing records, including cannabis.
Medical marijuana expansion
The lawmakers hoped Youngkin’s support for a modest expansion of Virginia’s medical marijuana program would be forthcoming. HB 1989 from Del. was not signed or vetoed by the governor. Alex Askew(D), Governor used his authority to request that the lawmakers amend this legislation.
If passed, this bill would require that packaging clearly indicate THC and/or CBD levels. It would also clarify where and how patients and their agents could receive cannabis.
Youngkin is, however proposing that provisions be removed to clarify the fact that medical marijuana may be delivered at places other then a private home and independent contractors can serve as delivery agents.
These mean-spirited changes would severely limit patient access to medical cannabis by restricting its direct-to-patient distribution process, which, notably, has been running without incident ever since it was established,” JM. Pedini told MEDCAN24. He is the development director of the advocacy group NORML as well as the executive director of Virginia NORML.
The Governor’s Amendments do not attempt to change the law’s provisions on labeling and packaging.
The bill 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.
Other legislation
Noteworthy, one measure relating to cannabis will come into force without the need for action by the governor. A House joint resolution re-establishing a legislative commission that would monitor and supervise the state’s implementation marijuana laws. Many see this as evidence that the legislature will take further action on cannabis.
HJ 497 will create a joint commission of lawmakers—six from the House, four from the Senate—to study the state’s cannabis system, oversee the implementation of marijuana laws and make recommendations about future legislative changes.
A commission of the same name existed previously in the Commonwealth, but its law expired last year and it disbanded.
Higgs, Wise at Marijuana Justice said that the adoption of the resolution gives better access to legislators “leading up the the next general sessions to prepare for adult-use regulations bill”
SB 1101, a substance-related bill from Sen. Ghazala (D) Hashmi was not approved by the Governor this year. This proposal was intended to pave the way for psychedelic assisted therapy among veterans. It would have done so by establishing a council that could study and recommend treatments involving FDA-designated breakthrough therapies, including substances like psilocybin and MDMA.
A House committee unanimously decided to put the bill on hold indefinitely, even though it was approved this year by the Senate.
Hashmi, along with his supporters, had claimed that the bill was necessary to curb what they called a mental health crisis among veterans in Virginia.
We know that suicide rates among veterans are significantly higher than those of civilians. “Given that there is a large veteran population in Virginia, we feel this legislation to be especially important,” Hashmi told the Senate.
The measure was an updated version of a similar proposal last year, SB 229, that also cleared the Senate but didn’t make it out of the House.
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Side Pocket Images. Photo by Chris Wallis.