Despite cannabis legalization passing in Virginia, legislation not set in stone
[Washington Post] Virginia lawmakers plan to take up a host of cannabis-related legislation this year in a narrowly divided General Assembly, following the body’s historic vote to legalize the drug for recreational use last year — when both the House of Delegates and the Senate were under Democratic control.
Last summer, then-Gov. Ralph Northam (D) signed into law a measure making it legal for people 21 or older to possess up to an ounce of marijuana and cultivate up to four marijuana plants in their household. But the complex legislation left it illegal to buy or sell cannabis, as retail sales were not slated to begin until 2024, giving the state time to build a regulated commercial market. Proposed legislation would allow some businesses to begin legally selling marijuana as soon as July 1.
The law includes a provision that requires the General Assembly to reenact certain aspects of the legislation during this year’s session, opening the door to significant changes to the law. Lawmakers in both the House, which Republicans now control after winning the majority in last fall’s elections, and the Senate, which is still under the control of Democrats, will consider cannabis-related bills that address such issues as a timeline and who will get licensing preference.
Though Republicans overwhelmingly opposed legalization last year, they have indicated that they plan to follow through with reenactment. However, the parameters of what the industry will look like and when it will open for business remain uncertain. Gov. Glenn Youngkin (R) has also indicated that he doesn’t intend to overturn legalization, but he has acknowledged that the law still needs work to set up the commercial market.
“Fortunately for Virginians, there is clear bipartisan support for taking action this session to regulate adult-use sales,” said JM Pedini, executive director of the Virginia National Organization for the Reform of Marijuana Laws. “Continuing to cede control of cannabis in the commonwealth to untaxed, unregulated, illicit operators poses substantial risk to both consumer and public safety. It is not in the best interest of Virginians to delay retail sales one minute more.”
Virginia is one of 18 states, plus the District of Columbia, to legalize the recreational use of marijuana, an effort that reflects growing cultural acceptance of the plant and a desire to minimize disparate enforcement against people of color. Marijuana remains illegal under federal law.
Virginia legislators originally voted to legalize adult recreational use with plans for the law to come into effect in 2024, but after a push from activists with concerns over three more years of enforcement, lawmakers voted in April to move up legalization to July 1. The 2024 retail timeline remained, giving lawmakers time to establish a business framework. Republicans opposed the sped-up timeline, arguing that an earlier legalization date would foster an illicit marijuana trade while the state sets up its infrastructure for legal sales.