Marijuana Groups Urge Virginia Governor Not To Veto Sales Legalization Bill, Even After Lawmakers Rejected Her Amendments

A coalition of marijuana reform advocacy organizations and businesses are calling on Virginia’s governor not to veto legislation to legalize recreational cannabis sales even after lawmakers rejected her proposed changes to the measure.

“Together, these bills address the real issues surrounding cannabis in the Commonwealth today: an already-existing, unregulated marijuana market operating openly across the state while consumers, communities, and law enforcement are left without the protections of a legal framework,” the groups wrote in a letter to Gov. Abigail Spanberger (D) on Monday.

“Let’s be clear: these bills do not create a marijuana market in Virginia. That market already exists,” the letter says. “What these bills do is replace today’s predatory and unaccountable illicit operators with a regulated marketplace, enforceable rules, oversight, product safeguards, age verification, and the strict consumer safety standards already in use for Virginia medical cannabis.”

The letter is signed by Virginia NORML, Marijuana Justice, Virginia Cannabis Association, Marijuana Policy Project and other groups.

It goes on to detail how the legislation lawmakers passed this year, and which the governor requested amendments to, was informed by extensive study by state bodies, including the Joint Legislative Audit and Review Commission, the Marijuana Legalization Work Group, the Cannabis Oversight Commission, the Joint Commission to Oversee the Transition of the Commonwealth into a Retail Cannabis Market and the Virginia Cannabis Control Authority.

“That matters because the bills before you reflect the lessons of that process,” the letter, which was also signed by Jushi, Law Enforcement Action Partnership, National Organization for the Reform of Marijuana Laws, Nolef Turns, Virginia Minority Cannabis Coalition and others, says. “They are not theoretical. They are solutions tailored to Virginia’s actual conditions. They respond to the widespread sale of unregulated intoxicating products, the lack of consumer protections, the absence of retail oversight, and the need for effective enforcement tools aimed at bad actors rather than responsible adults.”

“Virginia did its homework. Experts were consulted. Stakeholders were heard. Real problems were identified,” the groups wrote. “These bills deliver the real solutions Virginia demands. We respectfully urge you to allow the Commonwealth to move forward with a safer, smarter, and more accountable cannabis policy.”

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 House of Delegates and Senate approved legislation this year from Sen. Lashrecse Aird (D) and Del. Paul Krizek (D) that would establish a legal and regulated marijuana for recreational marijuana sales.

Spanberger then suggested changes to the cannabis commerce legalization measure—including delaying the start date for sales by six months, increasing taxes and instituting new criminal penalties for cannabis consumers.

That drew strong pushback from reform supporters, including the lawmakers who sponsored the legislation, and both chambers ultimately declined last month to adopt the governor’s amendments.

The bills are now back with Spanberger in their original form, and she has until May 23 to either sign or veto legislation, or allow it to become law without her signature.

Spanberger, for her part, responded to criticism of her cannabis amendments from the bill sponsors and advocates by saying the suggested changes came after she spoke to the leaders of other states that have already implemented adult-use marijuana markets.

Here are the other key details of the cannabis bills—SB 542 and HB 642—as approved by lawmakers and with the governor’s suggested amendments:

• Lawmakers voted to allow adults to 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. That represents an increase from the limit in current law of 1 ounce. The governor, however, wants the amount increased to only 2 ounces.
• Under the legislature’s plan, legal sales could begin on January 1, 2027, but the governor is proposing to push that back to July 1, 2027.
• Lawmakers voted to impose an excise tax of 6 percent on cannabis sales as well as a 5.3 percent retail sales and use tax, while allowing municipalities to set an additional local tax of up to 3.5 percent. The governor’s plan is largely the same, though it would increase the excise tax to 8 percent starting on July 1, 2029.
• Under the legislation as approved by lawmakers, 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). The governor, however, wants to put all revenue into the general fund while earmarking it “for purposes such as early childhood education, behavioral health, public health awareness, prevention, treatment, and recovery services, workforce development, reentry, indigent criminal defense, and targeted reinvestment in historically disadvantaged communities.”
• 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.
• 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.
• The governor is proposing to make public marijuana use a class 4 criminal misdemeanor instead of civil violation punishable by a $25 fine as under current law. She also wants to make possessing cannabis by people under the age of 21 a class 1 misdemeanor, punishable with a mandatory minimum fine of $500 or 50 hours of community service, as well as the suspension of drivers licenses for at least six months. Illegally selling or distributing 50 pounds or more of marijuana would be a class 2 felony punishable by life in prison.
• The governor is seeking to eliminate support for the Cannabis Equity Reinvestment Fund.
• 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.
• As passed by lawmakers, the bill would have directed a legislative commission 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, but the governor is proposing to remove that language.

Meanwhile, Spanberger also suggested significant amendments to separate legislation that would provide resentencing relief to people with prior marijuana convictions, but lawmakers rejected those changes.

Meanwhile, the governor signed several other reform bills this month—including measures to protect the parental rights of marijuana consumers and allow patients to access medical cannabis in hospitals.

Read the full marijuana letter to the governor below:

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