Virginia’s governor is requesting that legislators make amendments to a bill to legalize recreational marijuana sales that they sent to her desk last month.
On Monday, Gov. Abigail Spanberger (D) returned the legislation with suggested changes—including pushing back the launch date for sales to begin by six months, from January 1, 2027 to July 1, 2027.
The move will “allow for additional time to implement a legal market safely and curb the illicit market,” a press release from the governor’s office says.
“Five years ago, the Commonwealth took the first steps to legalize marijuana—and for five years, the work sat unfinished,” Spanberger said. “We are working to set up a marketplace that is controlled, regulated, and responsible—because legal markets only succeed when there are clear guardrails and enforcement to back it up.”
“To keep our next generation safe, we must also ensure real consequences for vape shops that have spent years targeting Virginia’s kids,” she said. “We need to rein in these shady businesses and make sure a legal marijuana market does not make the problem worse.”
The governor’s proposal will also “strengthen the enforcement provisions” in concert with a related bill lawmakers sent her on the issue “to put a greater focus on consumer and product safety,” her office’s press release said.
Lawmakers are set to reconvene to address the governor’s proposal on April 22.
Meanwhile, Spanberger acted on several other cannabis bills on Monday—including measures to protect the parental rights of consumers and allow patients to access medical marijuana in hospitals. She also proposed amendments to legislation to provide resentencing relief for people with past convictions.
Personal marijuana possession and home cultivation of marijuana has been legal in Virginia since 2021, but former Gov. Glenn Youngkin (R) twice vetoed bills to provide consumers with a way to legally purchase regulated adult-use cannabis.
The marijuana sales bills that Spanberger wants amendments to are SB 542 from Sen. Lashrecse Aird (D) and HB 642 from Del. Paul Krizek (D).
Here are the other key details of the cannabis bills as initially sent to the governor’s desk by lawmakers:
- Adults would be able to purchase up to 2.5 ounces of marijuana in a single transaction, or up to an equivalent amount of other cannabis products as determined by regulators.
- Legal sales could begin on January 1, 2027.
- There would be an excise tax of 6 percent on cannabis sales as well as a 5.3 percent retail sales and use tax, and municipalities could set an additional local tax of up to 3.5 percent.
- The Virginia Cannabis Control Authority would oversee licensing and regulation of the new industry, and would also take on oversight of hemp, which is currently under the Department of Agriculture and Consumer Services.
- Revenue would be distributed to the Cannabis Equity Reinvestment Fund (30 percent), early childhood education (40 percent), the Department of Behavioral & Developmental Health Services (25 percent) and public health initiatives (5 percent).
- Local governments could not opt out of allowing marijuana businesses to operate in their area.
- Delivery services would be allowed.
- Serving sizes would be capped at 10 milligrams THC, with no more than 100 mg THC per package.
- Existing medical cannabis operators could enter the adult-use market if they pay a licensing conversion fee that is set at $10 million.
- Cannabis businesses would have to establish labor peace agreements with workers.
- A legislative commission would be directed to study adding on-site consumption licenses and microbusiness cannabis event permits that would allow licensees to conduct sales at venues like farmers markets or pop-up locations. It would also investigate the possibility of the Virginia Alcoholic Beverage Control Authority becoming involved in marijuana regulations and enforcement.
JM Pedini, development director for the advocacy group NORML and executive director for Virginia NORML, criticized the governor’s move to delay the launch of legal sales.
“After years of deliberation, work groups, studies and commission reports, the legislature delivered a pragmatic bipartisan path to retail adult-use cannabis sales,” Pedini said. “Further delaying legal retail sales is just another page from the prohibitionist playbook, the kind of policy failure Virginians saw under Glenn Youngkin, not what they expect from Abigail Spanberger. Let’s be clear about what July 1, 2027 means for Virginia: another entire year of driving Virginians to the illicit market, endangering communities, undermining public safety and not keeping marijuana out of the hands of youth.”
Photo courtesy of Philip Steffan.
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