On Wednesday, both chambers of Virginia’s legislature approved identical legislation for the legalization of recreational marijuana sales. This proposal was sent to Governor. Glenn Youngkin (R).
The governor, however, has already indicated he intends veto the bills—as he did with a similar lawmaker-passed proposal last year.
Lawmakers in the House of Representatives voted 53–44 in favor of SB 970, from Sen. Aaron Rouse (D). The bill has been passed by the Senate.
On Wednesday, the Senate passed the House-approved version of the bill, HB2485 from Del. Paul Krizek (D), on a 21–18 vote. This measure was approved by the House last week.
The chambers were quiet on Wednesday. Only a few remarks were made to describe each measure.
If the proposal were to become law, it would allow adults 21 and older to purchase up to 2.5 ounces of marijuana from regulated, state-licensed retailers.
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. Republicans took control of both the House and Governor’s offices later that same year. They then blocked the necessary implementation of a retail regulatory framework. In response to consumer demand, illegal stores have opened up in order to satisfy the market. Some estimate that this illicit market is worth nearly $3 billion.
Youngkin’s has signaled, on its own, that if a plan similar were to pass in the next legislative session, the governor would be vetoing it.
Christian Martinez, the Youngkin’s spokesperson, was asked by Virginia Public Media last year whether he thought a veto would be likely. He replied: “I believe you can point to the fact that he is very clear about that”.
Here’s what Virginia’s reintroduced marijuana sales legislation, SB 970 and HB 2485, would do:
- Retail sales can begin on May 1, 2026.
- Adults will be allowed to buy up to 2,5 ounces (or equivalent) of cannabis in one transaction.
- Retail sales of cannabis products would be subject to a tax up to 11.625%. This would be a retail and use state tax of up to 1.125 percent, on top of the new cannabis-specific tax. Local governments may levy a further 2.5 percent.
- Virginia Cannabis Control Authority will oversee the licensing and regulation for this new industry. His board of directors will have authority over the testing and possession of marijuana, as well as its sale, transportation, distribution and distribution.
- Local governments may ban marijuana-related establishments but only after voters have approved an opt out referendum.
- The locations of marijuana retailers cannot be located within 1,000 feet from another retailer.
- Cannabis cultivation would be limited by the canopy size, which is the amount of space dedicated to cannabis. Both indoor and outdoor marijuana cultivation would be allowed, though only growers in lower tiers—with lower limits on canopy size—could grow plants outside. Plants would have to be grown indoors by larger growers. Indoor cultivation would include secure greenhouses.
- All transactions must be direct and face-toface. Other avenues such as drive-through windows and vending machine, online sales platforms, or delivery services would be prohibited.
- If medical marijuana providers are already licensed and enter the adult market, they can apply for up to five more retail outlets. These additional establishments would have to be located at their current licensed facility.
- The maximum serving size would be 10 milligrams of THC. This means that no package could contain more than 100mg THC.
- A person cannot hold or be awarded more than 5 licenses in total, excluding transporter’s licenses.
- Those who’ve been convicted for felony crimes or morally turpitude in the past seven year would also be ineligible for a licensing. The same would apply to employees of sheriffs’ or police departments, if those officers are responsible for the enforcement or penal, traffic, and motor vehicle law of the Commonwealth.
- A microbusiness equity program grants licenses only to those entities owned at least two thirds by their eligible applicants. These include individuals with cannabis convictions in the past, as well as family members and military veterans. Other criteria includes individuals that have spent at least three years of the last five in an “historically disadvantaged area,” individuals who went to school there, or individuals with a Pell grant.
- The term “historically economic disadvantaged communities” refers to areas where marijuana possession crimes have been recorded at 150 percent or more than the average statewide rate between 2009 and 2019.
- The tax revenue generated by the program will first be used to cover costs associated with administering and enforcing California’s cannabis laws. Following that, 60% of the remaining funds will be used to support the Cannabis Equity Reinvestment Fund. 25% would then go towards substance abuse treatment and prevention. 10% would go for pre-K programs and 5 % would be allocated toward a public campaign.
- As part of a transaction, adults could share up to two and half ounces of marijuana without any financial compensation. However, gray-market “gifting” of marijuana in a second or subsequent offence would result in a class 1 misdemeanor.
- Other criminal sanctions would also be introduced. Selling or giving marijuana, or paraphernalia, to anyone under 21 would, for instance, be punishable with up to one year in prison and maximum fine of $2,500, just as selling cannabis to anyone who is reasonably suspected to be drunk would. Advertising the sale of paraphernalia containing marijuana to those under 21 is also a misdemeanor.
- A Class 1 misdemeanor would result if you knew that someone younger than 21 was obtaining marijuana for your benefit.
- A person under the age of 21 found to be in possession or using marijuana, or attempting to do so, could face a fine up to $25, and may also have to enroll in a program to treat substance misuse disorders or to receive education.
- Illegal production or cultivation of marijuana, excluding homegrown legal cannabis, is a felony class 6 punishable up to five-years imprisonment and fines as high as $2,500.
- The use of volatile solvents or butane in the extraction process would result in a class 1 misdemeanor.
Last year, Krizek sponsored a separate bill to legalize commercial cannabis in California. The plans were eventually combined into one compromise plan that was approved by the legislature but rejected by Youngkin.
The Governor wrote in his veto at that time: “The proposed legalization for retail marijuana sales within Virginia endangers the health and security of Virginians.”
Youngkin will not be able to run again for office, so advocates are hoping that the person who replaces him is more receptive to legalized sales. The group has noted that some Republican state leaders have shown more support for marijuana reform.
Jason Blanchette of the Virginia Cannabis Association told MEDCAN24 in early October that he believes Youngkin will again veto a law regulating legal marijuana sales if the bill reaches his desk. But he added that it is important that legislators take on the matter.
“There’s still one more year for Youngkin and if we’re able to get this out on the desk of the next governor, it will mark the second time the Democrats passed the same bill,” said he. The feeling is this will set a very strong precedent to the next Governor.
The full Senate, however, passed earlier in the month a separate law that would open the door to psychedelic therapy for vets. The bill will now be sent to the House of Delegates.
SB 1101, introduced by Sen. Ghazala (D), creates a six member state advisory panel to review and recommend treatments involving FDA-declared “breakthrough therapies” such as psilocybin and MDMA.
Hashmi introduced the bill last month. It would have included a fund that supported clinical trials for breakthrough treatments to veterans. But a replacement adopted by the committee eliminated references to the fund. This left the only part of the plan that created the advisory board.
Hashmi explained at the moment that the “substitute” was a bill which would create the Breakthrough Therapies for Veteran Suicide Prevention Advisory Council within the Department of Health. The veteran suicide crisis is still a major issue, as rates among vets are significantly higher than those of civilians. This legislation is particularly important, given that Virginia has a large veteran population.
The measure is an updated version of a similar proposal last year, SB 229, that cleared the Senate but didn’t make it out of the House.
Lawmakers also introduced proposals this month to seal records relating to marijuana. A staff member explained that the amendment moved the proposed enactment to July 1, 2020. This was to give Virginia State Police time to make the changes.
Pennsylvania Governor to Include Marijuana Legalization in Budget but Top Republican Senator is Still Skeptical
Side Pocket Images. Image courtesy Chris Wallis.