Virginia Gov. Glenn Youngkin, (R), will determine his response to several cannabis bills, which were approved by the legislature this year. These include measures that legalize cannabis retail sales for adults, expands medical marijuana, and expunges criminal records from certain cannabis-related acts.
The governor was also sent other proposals by lawmakers that would have protected the parental rights of marijuana users who are legal and created a procedure for those in prison for cannabis offenses to be able to modify their sentences.
Youngkin is given 30 days from the time a bill reaches him to take action. The bill can be signed into law by Youngkin, or it can be vetoed. On April 2, lawmakers will reconvene to discuss overturning vetoes.
Several other bills on drug policy failed this session. One of them would have opened the door to psychedelic therapy for vets. This measure was passed by Virginia’s Senate unanimously, but shelved earlier in the month by a committee of legislators.
Yet another bill will take effect without action from the governor: a House joint resolution to re-establish a commission of lawmakers who would study and oversee the state’s implementation of marijuana laws—what’s seen by some as an indication the legislature is intent on future action around cannabis.
Legal retail sales
Use, possession and limited cultivation of cannabis by adults are already legal in Virginia, the result of a Democrat-led proposal approved by lawmakers in 2021. After Republicans gained control over the House of Representatives and the Governor’s Office later in the year, they blocked the necessary reenactment for retail sales. Illicit stores have opened to fill the demand of consumers, fueling an illicit market valued at approximately $3 billion.
It is widely believed that the governor’s veto will be issued. This year, lawmakers have sent Youngkin legislation to legalize and regulate sales of retail products through stores licensed by state. The bill is the same as one that was passed during last year’s legislative session, but rejected by Youngkin.
Jason Blanchette is the president of Virginia Cannabis Association. He told MEDCAN24 that the Virginia Cannabis Association presented exactly the same argument for regulating, taxing and a product which was already legal. We recognize that Governor McDonnell does not care for cannabis. However, this is an opportunity to help the state collect tax revenues like never before.
Although sponsors Del. Paul Krizek (D) and Sen. Aaron Rouse (D) have said they reintroduced the bills—SB 970 and HB 2485—because it’s important to regulate the marijuana market, the Youngkin administration shows no signs of budging.
“At the beginning of his fourth and final General Assembly session, the governor indicated he has no interest in approving the adult-use retail bills,” JM Pedini, development director for the advocacy group NORML and executive director for Virginia NORML, said in an email to MEDCAN24.
Youngkin is not running for reelection. His replacement will likely decide if regulated products are available to the public in the Commonwealth in the coming years.
Pedini stated that if Virginians do not elect a Governor in 2025, who will sign a measure to regulate adult use retail sales by retailers,” the next opportunity for a similar law to be enacted will likely only come around 2030.
Adults 21 years and older, who are in possession of a valid ID, could buy up to 2,5 ounces marijuana, at stores which would open around May 2026. A sales tax up to 11,625 percent will be applied.
Blanchette, a spokesperson for the Department of Public Safety said that not only would the taxpayers be benefited by the proposal but so too will public safety officials. The resources of the police are drained and they cannot continue to fight petty crimes such as possession or sale of marijuana.
Retail cannabis commission
Amid the hope that Youngkin’s replacement will be more open to a commercial cannabis market, lawmakers passed HJ 497, a joint resolution that 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 similar body existed previously in the Commonwealth, but its law expired last year and it disbanded.
Krizek – who sponsored the Resolution – explained to MEDCAN24, that the commission would consist of three members appointed for a period of three years and that they would help “to bring about the retail cannabis regulatory bill which we have passed.”
Even if Youngkin’s current measure of retail sales is rejected, it is expected that his successor will approve the next version.
Krizek wrote: “The beauty is this is it’s a House Joint Resolution and cannot be rejected by the Governor!”
Chelsea Higgs Wise said that the adoption of this resolution gives Marijuana Justice’s co-founder, Chelsea Higgs Wise (co-founder and executive Director), better access to legislators “leading up the the next general sessions to prepare for adult-use regulations bill”.
In a press release, she stated that “reestablishing the Cannabis Oversight Commission is crucial to reviewing the concerns of every stakeholder.” “The Commission will present public testimony, and document discussion regarding the creation of the 2026 proposals.”
She added that “after pushing legislation back years” we can give Virginia the regulated market, with guardrails, testing and opportunities, it deserves.
Pedini from NORML says the creation of this commission shows that legislators aren’t going to give up trying address the illegal marijuana market in the state, even if their current governor stands in the way.
The legislators said, “The legislative has not abandoned policy priority to legalize adult-use retail.” They said that the majority of Virginia Senators & Delegates understood how urgent it was to move unregulated pot out of Virginia corner stores, and behind a counter with age verification where it could be best controlled for those 21+. The majority of Virginians support this policy.
Medical marijuana expansion
The advocates have higher expectations that Youngkin would support the proposal of a state lawmaker to amend certain aspects of its medical marijuana program. For example, requiring that product labels indicate levels THC and CB as well as authorizing delivery cannabis to patients or authorized agents.
Virginia NORML spokesperson Pedini stated that “this year’s bill on medical cannabis offers crucial program improvements in order to ensure patient accessibility and safety.” It makes it clear that patients who are authorized will receive medical cannabis in every region of the state. Labeling is also improved, so patients can easily read their products.
The legislation, Del. Alex Askew (D), 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.
Sealing old criminal records
The House of Representatives as well as the Senate have passed legislation this year to seal various criminal records including, “all marijuana possession charges and convictions.”
Broadly, 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 record around these cases such as arrests, deferred cases or dismissals. It would also expand the records that are eligible to be expunged by petition.
Scott Surovell D, who is the House sponsor for the proposal, said previously that it “ensures all marijuana possession and convictions to be actually sealed.”
Virginia State Crime Commission has endorsed the change. Last month, the commission voted to accept a series of recommendations relating to sealing records, among them cannabis.
Cannabis and resentencement
One proposal, sent from the legislature to Governor Brown’s desk, would permit people with certain felonies involving marijuana to receive a resentence. This could lead to shorter jail terms and an early release.
Changes would be made to the sentences of those who are currently incarcerated, or in community supervision for conduct they committed before July 2021. These individuals will receive an automatic appeal to review the sentences.
Youngkin vetoed last year a bill that would have provided resentencing for those convicted of cannabis offenses in the past. The law had required criminal cases be resentenced before 2024. Hearings would have been held for people whose criminal sentences were increased because they had a previous marijuana conviction. This was done by the end of April last year.
Higgs Wise, of Marijuana Justice, said that proponents of this year’s bill—HB 2555, from Del. Rosia Henson (D)—made some changes from last year designed to win support from the governor’s office, in particular removing eligibility for people with more serious crimes on their records. The change is hoped to help prevent another Youngkin’s veto.
Parents’ rights
After Youngkin’s veto last year of similar legislation, lawmakers will again send him a proposal to protect parental rights.
Del. Nadarius (D) Clark specifies that the use of marijuana by a parent will not cause a child to be abused or neglected. This measure protects parents’ visitation and custody rights, as well.
Youngkin said in his veto last year that, “proposed legislation, which aims to fix a problem that does not exist, could expose children to harm.”
Del. Rae Cousins(D), the sponsor of that proposal, stated in a press release after the veto: “The governor is turning his back on our children’s needs and neglecting their wellbeing by encouraging the court to go forward with unnecessarily family separations.”
The lawmaker stated, “We’ve seen this play out in our courtrooms; Black and Brown households are receiving stricter directives by our judges regarding legal and responsible drug use.” The lawmaker said that family separations have devastating effects on communities as well as the health of children. Governor Youngkin’s veto is a signal to our courts, telling them they can keep separating children unnecessarily from their families.
Psychotherapy with psychedelics
SB 1101 by Sen. Ghazala hashmi, a Democrat from California, will not be on the governor’s table 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 will study and provide recommendations on treatments involving FDA-designated breakthrough therapies, including substances like psilocybin and MDMA.
In its original form, the bill would have also created a fund for the veterans to use to fund clinical trials for new therapies. But a Senate substitute committee removed the references to the fund. This left the only part of the proposal that created the advisory board.
The bill, which was passed by the Senate in this session, has been put on hold for an undetermined period of time.
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.
The suicide rate among veteran is significantly higher than that of the civilian population. Hashmi, speaking on the Senate floor, said that the high number of veterans in Virginia makes this legislation all the more necessary. We have been able to see compelling research from Johns Hopkins and other research institutes that shows that psilocybin treatment is effective for a number of issues.
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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Philip Steffan provided the photo.