Cannabis in Virginia

In the 1990s, the Virginia General Assembly tightened the laws on cannabis, but added a provision allowing its use and distribution for cancer and glaucoma.[http://www.marijuanalibrary.org/980127.html Panel Backs Marijuana, Heroin Ban], Tyler Whitley, Richmond Times-Dispatch, 27 Jan 1998. There is currently a provision in the law, § 18.2-251, which allows a case to be dismissed if the offender goes through probation and treatment.[https://law.lis.virginia.gov/vacode/18.2-251/ § 18.2-251], Code of Virginia. In the 1990s, Virginia also had some of the lightest penalties for cultivation in the United States; cultivation of any amount for personal use counted as simple possession (otherwise it carried felony penalties of up to 35 years imprisonment).

Before July 2020 in the Commonwealth of Virginia, possession of cannabis as a first offense was an unclassified misdemeanor, with a maximum penalty of 30 days in jail and/or $500 fine (or both), and loss of driving privileges. However, with a change in the law as of July 1, 2017, the loss of driving privileges was then optional for adults (depending upon the judge's discretion) while still mandatory for juveniles.[http://wric.com/2017/06/26/drive-on-new-virginia-law-changes-punishment-for-marijuana-possession/ Drive On: New Virginia law changes punishment for marijuana possession], Drive On: New Virginia law changes punishment for marijuana possession A subsequent offense was previously a Class 1 misdemeanor, with a maximum penalty of 12 months in confinement and a $2,500 fine (or both), plus loss of driving privileges. A first offense under this system qualified for a deferred disposition resulting in dismissal. This option required a drug assessment, classes, community service, and either loss of driving privileges for six months or a larger amount (50 hours) of community service. The first-offender program was controversial, because it could affect immigration status and did not allow the defendant to qualify for expungement, and as a result, remained on the individual's record for life.{{cite news |last1=Nolan |first1=Jim|title=McDougle: Expunge first-time pot, alcohol possession convictions for under-21 offenders|url=http://www.richmond.com/news/virginia/government-politics/mcdougle-expunge-first-time-pot-alcohol-possession-convictions-for-under/article_c259ccf9-34d4-5da5-9a01-e09649267871.html|access-date=10 December 2017|work=Richmond Times-Dispatch|date=3 December 2015|language=en}}{{cite news|last1=Weiner|first1=Rachel|title=Get caught with pot, don't go to jail: Why not everyone is happy|url=https://www.washingtonpost.com/local/public-safety/get-caught-with-pot-dont-go-to-jail-why-not-everyone-is-happy/2017/03/09/81c0e6a6-fecb-11e6-8ebe-6e0dbe4f2bca_story.html|access-date=10 December 2017|newspaper=The Washington Post|date=10 March 2017}}

As of July 1, 2020, possession of less than {{convert|1|oz}} was decriminalized to a civil offense punishable by a $25 fine.[https://law.lis.virginia.gov/vacode/18.2-250.1/ § 18.2-250.1. Possession of marijuana unlawful], Code of Virginia. One year later, personal use became legal.

In 1979, Virginia passed legislation allowing doctors to recommend cannabis for glaucoma or the side effects of chemotherapy.{{cite book|author1=James A. Inciardi|author2=Lana D. Harrison|title=Harm Reduction: National and International Perspectives|url=https://books.google.com/books?id=1A301_0jIlsC&pg=PA84|date=11 October 1999|publisher=SAGE|isbn=978-0-7619-0688-9|pages=84–}}{{Cite news|url=https://www.baltimoresun.com/news/bs-xpm-1997-02-02-1997033217-story.html|title=Va. finds it legalized medical marijuana Law passed in 1979 with no controversy|date=February 2, 1997|work=The Baltimore Sun|access-date=April 14, 2020}} In 1997, repeal of the medical cannabis law seemed certain, but did not actually happen. For many years, though, the medical cannabis law was non-functioning{{Cite news|last=Hodes|first=David|url=https://www.northernvirginiamag.com/culture/culture-features/2014/10/21/the-cloudy-hazy-weed-renaissance/|title=The cloudy, hazy weed renaissance|date=October 21, 2014|work=Northern Virginia Magazine|access-date=April 14, 2020}} because prescriptions were disallowed by federal law, given cannabis's status under the Controlled Substances Act as a Schedule I controlled substance with no accepted medical use. In 1998, the Virginia General Assembly tightened the laws on medical cannabis use and added a provision allowing its use and distribution for cancer and glaucoma.[http://www.marijuanalibrary.org/980127.html Panel Backs Marijuana, Heroin Ban], Tyler Whitley, Richmond Times-Dispatch, 27 Jan 1998.

In March 2015, Governor Terry McAuliffe signed House Bill 1445 and Senate Bill 1235, creating affirmative defense against a possession charge that cannabidiol oil (also known as CBD oil) and THC-A oil for patients who have a doctor's recommendation for those substances for treatment of epilepsy.{{cite news|last=Vozzella |first=Laura |url=https://www.washingtonpost.com/local/virginia-politics/va-house-allows-marijuana-oils-for-epilepsy/2015/02/10/008a395c-b071-11e4-886b-c22184f27c35_story.html |title=Va. House allows marijuana oils for epilepsy |newspaper=The Washington Post |date=2012-12-14 |access-date=2015-08-26}}{{cite web|url=http://leg1.state.va.us/cgi-bin/legp504.exe?151+sum+HB1445 |title=LIS > Bill Tracking > HB1445 > 2015 session |publisher=Leg1.state.va.us |date=2015-03-29 |access-date=2015-08-26}}{{cite web|url=http://www.mjinews.com/virginia-mmj-bill-deceptive/ |archive-url=https://web.archive.org/web/20160325112222/http://mjinews.com/virginia-mmj-bill-deceptive/ |url-status=usurped |archive-date=March 25, 2016 |title=Virginia's Medical Marijuana | Bill Deceptive |publisher=MJINews |date=2015-03-03 |access-date=2015-08-26}} The bill had passed Virginia's Senate with a vote of 37–1 in February.{{cite web|url=http://wtvr.com/2015/02/18/marijuana-extracts-okd-for-epilepsy-treatment-in-va/ |title=Marijuana extracts OK'd for epilepsy treatment in Va. |publisher=WTVR.com |date=2015-02-18 |access-date=2015-08-26}}{{cite web|url=http://wtvr.com/2015/02/26/gov-mcauliffe-signs-bill-allowing-access-to-medical-marijuana-oil/ |title=Gov. McAuliffe signs bill allowing access to medical marijuana oil |publisher=WTVR.com |date=2015-02-26 |access-date=2015-08-26}}

In September 2018, the Virginia State Board of Pharmacy approved the applications for five companies to open medical cannabis dispensaries across the Commonwealth.{{Cite news|last=McCloskey|first=Sara|url=https://www.wric.com/news/politics/capitol-connection/medical-marijuana-dispensaries-picked-by-state-board-what-does-that-mean-for-patients/|title=Medical marijuana dispensaries picked by state board, what does that mean for patients?|date=September 26, 2018|work=WRIC-TV|access-date=April 14, 2020}}{{Cite news|last=Thorson|first=Alex|url=https://www.wric.com/news/virginia-news/supporters-critics-address-marijuana-decriminalization-in-virginia/|title=Supporters, critics address marijuana decriminalization in Virginia|date=November 22, 2019|work=WRIC-TV|access-date=April 14, 2020}} As of September 2023, 1,051 doctors in Virginia have registered with the state to write medical cannabis recommendations.{{Cite news |title=Virginia Medical Marijuana Card |url=https://virginiastatecannabis.org/medical |access-date=September 8, 2023}} Starting July 1, 2023, doctors, osteopaths, physician assistants, and nurse practitioners licensed in Virginia no longer need to register with the Board of Pharmacy before prescribing medical cannabis for treatment or symptom relief. {{Cite web |title=Virginia Board of Pharmacy - Pharmaceutical Processors - Cannabis Oil |url=https://www.dhp.virginia.gov/pharmacy/PharmaceuticalProcessing/default.htm |access-date=2023-09-08 |website=www.dhp.virginia.gov}} Also legislation passed in 2019 allowing doses to contain up to 10 mg of THC to patients.{{Cite news|last=Tabackman|first=Lia|url=https://wtvr.com/2019/03/27/heres-what-you-need-to-know-about-virginias-new-medical-cannabis-program/|title=Here's what you need to know about Virginia's new Medical Cannabis program|date=March 27, 2019|work=WTVR-TV|access-date=April 14, 2020}}{{cite web|quote=Lawmakers also better defined dosages to reflect that a dose must contain at least 5 milligrams of CBD or THCA and may contain up to 10 milligrams of THC.|url=https://www.roanoke.com/news/virginia/virginia-lawmakers-allow-medical-marijuana-to-be-dispensed-in-lollipops/article_b1db9060-701a-5a36-946c-2807799722b8.html|title=Virginia lawmakers allow medical marijuana to be dispensed in lollipops and lozenges|date=March 8, 2019 }} There are currently 21 medical cannabis dispensaries open throughout the state. {{cite web | url=https://www.dhp.virginia.gov/pharmacy/PharmaceuticalProcessing/docs/DispensingLocations.pdf | title=DHP - 404 }}

In 2015, the Virginia Senate's Courts of Justice committee rejected bills to decriminalize cannabis{{cite web|url=http://lis.virginia.gov/cgi-bin/legp604.exe?151+sum+SB686 |title=LIS > Bill Tracking > SB686 > 2015 session |publisher=Lis.virginia.gov |access-date=2015-08-26}} and remove the smoke a joint, lose your license provision in the Virginia Code.{{cite web|url=http://leg1.state.va.us/cgi-bin/legp504.exe?151+sum+SB1444 |title=LIS > Bill Tracking > SB1444 > 2015 session |publisher=Leg1.state.va.us |access-date=2015-08-26}}

Following the 2019 Virginia elections, in which Democrats won control of both houses of the General Assembly, Virginia Attorney General Mark Herring called for cannabis to be eventually legalized; he scheduled a Cannabis Summit for December 2019 to address the issues of decriminalization of marijuana, social equity, regulating CBD and hemp products, and pathways towards legalization through legislative efforts.{{Cite news|last=Puryear|first=Meghan|url=https://www.13newsnow.com/article/news/virginia-ag-calls-for-state-to-legalize-marijuana/291-9c53a9b9-cdd8-4fc9-ad84-9c2ad45bb6f2|title=Virginia AG calls for state to legalize marijuana|date=June 16, 2019|work=WVEC|access-date=April 14, 2020}}{{Cite news|last=Austermuhle|first=Martin|url=https://wamu.org/story/19/11/21/amid-cannabis-summit-pot-proponents-say-legalization-in-virginia-may-have-to-wait/|title=Amid 'Cannabis Summit,' Pot Proponents Say Legalization In Virginia May Have To Wait|date=November 21, 2019|work=WAMU|access-date=April 14, 2020}}

In February 2020, the House of Delegates voted 64–34 in favor of Delegate Charniele Herring's HB972 to decriminalize personal possession of marijuana.{{Cite web|url=https://lis.virginia.gov/cgi-bin/legp604.exe?201+bil+HB0972&201+bil+HB0972|title=LIS > Bill Tracking > HB972 > 2020 session|website=lis.virginia.gov|access-date=April 14, 2020}} The next day the Senate voted 27–13 in favor of Senator Adam Ebbin's SB 2 with a similar decriminalization scope.{{Cite web|url=https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB2|title=LIS > Bill Tracking > SB2 > 2020 session|website=lis.virginia.gov|access-date=April 14, 2020}} Virginia was to become the 27th state to remove the threat of jail time for low-level marijuana possession.{{cite web | last=Lopez | first=German | title=Virginia is poised to decriminalize marijuana | website=Vox | date=February 11, 2020 | url=https://www.vox.com/policy-and-politics/2020/2/11/21080223/virginia-marijuana-legalization-decriminalization-bill-law | access-date=February 12, 2020}} On March 8, 2020, the Virginia House of Delegates and Senate passed legislation on a marijuana decriminalization plan.{{cite news |last1=Budryk |first1=Zack |title=Virginia lawmakers vote to decriminalize marijuana |url=https://thehill.com/homenews/state-watch/486579-virginia-lawmakers-vote-to-decriminalize-marijuana |access-date=March 12, 2020 |work=The Hill |date=March 9, 2020}} In April 2020, this bill to decriminalize simple marijuana possession was approved by Virginia Governor Ralph Northam, and the bill took effect on July 1, 2020.{{cite web |title=Gov. Northam approves bill to decriminalize marijuana in Virginia |url=https://www.whsv.com/content/news/Gov-Northam-approves-bill-to-decriminalize-marijuana-in-Virginia-569594991.html |website=whsv.com |access-date=14 April 2020 |date=13 April 2020}} This legislation decriminalized cannabis per possession of less than {{convert|1|oz}} of, which carries the presumption of personal use, carrying a $25 civil fine.{{cite web |title=Gov. Northam approves bill to decriminalize marijuana in Virginia |url=https://www.whsv.com/content/news/Gov-Northam-approves-bill-to-decriminalize-marijuana-in-Virginia-569594991.html |website=whsv.com |access-date=14 April 2020 |date=13 April 2020}}

As part of HB 972, which was signed by Governor Ralph Northam on May 21, 2020, four members of the Governor’s Cabinet (the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security) were chosen to lead a group of government officials, policy experts, healthcare professionals, and community leaders that would examine the effects of legalizing the sale and personal use of marijuana in Virginia. The group was told to submit a report by November 30, 2020.{{Cite web|title=Governor Ralph Northam - Virginia Marijuana Legalization Work Group|url=https://www.governor.virginia.gov/virginia-marijuana-legalization-work-group/|access-date=2020-12-07|website=www.governor.virginia.gov}}

A report by JLARC or the Joint Legislative Audit & Review Commission found that the retail sales from a legal marijuana market would produce substantially more revenue than the associated state costs. The report found that the state of Virginia would spend approximately $10-$16 million annually on a state regulatory agency, public health programs, and social equity programs.{{Cite web|title=JLARC {{!}} Key Considerations for Marijuana Legalization|url=http://jlarc.virginia.gov/landing-2020-marijuana-legalization.asp|access-date=2020-12-07|website=jlarc.virginia.gov}} Additionally, the retail sales of marijuana would likely begin in as little as two years. Before this time the state could raise several millions of dollars in licensing fees that would likely offset the majority of the cost. After the retail sales of marijuana began, the sales tax from the sales would likely offset the remaining cost of legalization. If the sales tax was set to 25 percent, the estimated net tax revenue would be between $177-$300 million after operatorial costs.

On November 16, 2020, Governor Northam announced that he would introduce and support legislation to legalize marijuana in the Commonwealth of Virginia.{{Cite web|last=|title=Virginia Governor Ralph Northam - November|url=https://www.governor.virginia.gov/newsroom/all-releases/2020/november/headline-861390-en.html|access-date=2020-12-07|website=www.governor.virginia.gov|language=en-US}} Governor Northam stated that the proposed legislation would need to addresses five different areas of concern, those include: social equity,Virginia Passes Recreational Cannabis: Social Equity Applicants,

Eric Postow (April 15, 2021) https://www.cannabisbusinessexecutive.com/2021/04/virginia-passes-recreational-cannabis-social-equity-applicants/ Cannabis Business Executive. racial equity, and economic equity, public health, protections for young people, upholding the Virginia Indoor Clean Air Act, and data collection.

Other bills in the General Assembly addressing legalization of simple possession, including Lee J. Carter's HB 87{{Cite web|url=https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB87|title=LIS > Bill Tracking > HB87 > 2020 session|website=lis.virginia.gov|access-date=April 14, 2020}} and Steve Heretick's HB 269,{{Cite web|url=https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB269|title=LIS > Bill Tracking > HB269 > 2020 session|website=lis.virginia.gov|access-date=April 14, 2020}} have been deferred to the 2021 session.

On January 22, Virginia SB 1406, "Marijuana; legalization of simple possession, penalties", sponsored by senators Adam Ebbin and Louise Lucas, was advanced by the state Senate Rehabilitation and Social Services Committee.{{cite news|title=Marijuana legalization clears key Virginia Senate panel|author= Mel Leonor |newspaper=Richmond Times-Dispatch|date=January 22, 2021|url=https://richmond.com/marijuana-legalization-clears-key-virginia-senate-panel/article_9a5cd0f4-f3f5-541d-a078-80fd23b569da.html}}{{cite web|title=SB 1406 – Marijuana; legalization of simple possession, penalties (2021 session)|type=bill tracker|website=Virginia Legislative Information System|url=https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1406|access-date=January 24, 2021}}

On February 3, SB 1406 and corresponding HB 2312 each were passed by the final committee prior to a floor vote in the Senate and House.{{citation|title= Virginia's on the Verge of Legalizing Marijuana|author=Sonny Mazzone|work=Reason|date=February 3, 2021|url=https://reason.com/2021/02/03/virginias-on-the-verge-of-legalizing-marijuana/}} Both bills passed on February 5, legalizing the use and personal cultivation of cannabis by adults ages 21 and older, as well as establish a regulatory framework for commercial cannabis production, manufacturing, testing, and retail sales by 2024.{{cite news|title=Virginia lawmakers pass marijuana legalization bills – Virginia lawmakers pass marijuana legalization bills: Both chambers of the Virginia General Assembly have passed legislation that would legalize marijuana for adult recreational use, with retail sales starting several years down the road. |author1=Sarah Rankin |author2=Denise Lavoie |date=February 5, 2021|agency=Associated Press|via=WWBT Richmond|url=https://www.nbc12.com/2021/02/05/virginia-lawmakers-pass-marijuana-legalization-bills/}}{{citation|title=Virginia Lawmakers Pass Marijuana Legalization Bills – Pending Governor Ralph Northam's signature, dispensaries could open in state beginning 2024, while legalization would start as soon as this summer|author= Daniel Kreps |magazine=Rolling Stone|date= February 6, 2021|url=https://www.rollingstone.com/culture/culture-news/virginia-legalize-marijuana-1124749/}}{{Cite web|url=https://norml.org/blog/2021/02/05/virginia-house-and-senate-lawmakers-approve-marijuana-legalization-measures-in-historic-votes/|title = Virginia Lawmakers Approve Marijuana Legalization Bills in Historic Votes|date = February 5, 2021}}

Governor Northam said he would sign the bills into law if they reached his desk.{{cite news|newspaper=The Washington Post|title=Virginia legislature votes to legalize marijuana, abolish the death penalty|author1=Gregory S. Schneider |author2=Laura Vozzella |date=February 5, 2021|url=https://www.washingtonpost.com/local/virginia-politics/virginia-death-penalty-marijuana/2021/02/05/2ac37662-6708-11eb-8c64-9595888caa15_story.html}} Substitute Senate Bill 1406 was passed by the House General Laws Committee on February 11.{{citation|title=Virginia House committee advances substitute marijuana bill, intends conference committee|author=Tyler Arnold | work=The Center Square |publisher=Franklin News Foundation|date=February 11, 2021|url=https://www.thecentersquare.com/virginia/virginia-house-committee-advances-substitute-marijuana-bill-intends-conference-committee/article_edb3cf86-6cb3-11eb-a687-bbf7e23fca48.html}} On February 16, the House passed a substitute Senate bill 55-42 and the Senate passed its bill 23-15, requiring a conference committee to resolve the differences.{{citation|title=Legal marijuana bills not yet at agreement as House, Senate pass different bills again|author=Tyler Arnold | work=The Center Square |publisher=Franklin News Foundation|date=February 16, 2021|url=https://www.thecentersquare.com/virginia/virginia-house-committee-advances-substitute-marijuana-bill-intends-conference-committee/article_edb3cf86-6cb3-11eb-a687-bbf7e23fca48.html}} The vote was said by regional media to ensure that cannabis can be legally purchased in Virginia in 2024, but a conference committee needed to reconcile the Senate's date for legalization of possession (July 1, 2021) and the House's 2024 legalization date.{{cite news|title=Virginia will legalize marijuana, but lawmakers need to settle on timetable|author=Dean Mirshahi|date=February 17, 2021|publisher=WRIC-TV|location=|url=https://www.wric.com/news/politics/capitol-connection/virginia-will-legalize-marijuana-but-lawmakers-need-to-settle-on-timetable/}} The conference committee reached agreement on a bill on February 27 regarding legalization (including cultivation, retail sales and possession) on January 1, 2024, and the Assembly passed it the same day and sent it to Governor Northam for approval. {{cite news|title= Virginia lawmakers reach agreement on marijuana legalization bill |author= Dean Mirshahi |date=February 27, 2021|publisher=WRIC-TV|location=|url= https://www.wric.com/news/politics/capitol-connection/lawmakers-reach-agreement-on-marijuana-legalization-bill/}}

As originally proposed, Virginia would have become the second state (after Illinois) to simultaneously legalize marijuana possession and retail sales; other states have legalized possession before the beginning of state-licensed sales. Instead, advocates successfully pressured Northam to amend the legislation to legalize possession on July 1, 2021, arguing that delaying the date of legalization perpetuates injustice.[https://web.archive.org/web/20210311153320/https://www.virginiamercury.com/2021/03/11/push-to-end-marijuana-prohibition-this-year-instead-of-2024-hinges-on-northam/ Push to end marijuana prohibition this year instead of 2024 hinges on Northam]

On March 25, still not having signed the bill, Northam indicated that he was in favor of such a change to the implementation date; he subsequently sent back an amended version of the bill to the Virginia assembly on March 31.{{cite news|title=Northam Looks to Move Up Marijuana Legalization to July 1|date=March 25, 2021|publisher=Virginia Public Media|url=https://vpm.org/news/articles/21272/northam-looks-to-move-up-marijuana-legalization-to-july-1}} On April 7, the legislature took up the governor's recommended amendments in a one-day reconvened session.{{cite news|title=Lawmakers reconvene to take up Northam's changes to bills|date=April 7, 2021|author=Sarah Rankin|publisher=Associated Press|via=MSN|url=https://www.msn.com/en-us/news/politics/lawmakers-reconvene-to-take-up-northams-changes-to-bills/ar-BB1fnTHh}}{{cite news|newspaper=The Washington Post|title=Virginia General Assembly headed back to Richmond to take up marijuana legalization, other unfinished business|author1=Gregory S. Schneider |author2=Antonio Olivo |date=April 7, 2021|url=https://www.washingtonpost.com/local/virginia-politics/virginia-general-assembly-headed-back-to-richmond-to-take-up-marijuana-legalization-other-unfinished-business/2021/04/07/c95c54f8-96e0-11eb-962b-78c1d8228819_story.html}} Both houses of the legislature (including Lt. Gov. Justin Fairfax's tiebreaking vote in the Senate) approved the governor's entire recommendation verbatim;{{cite web|title=SB 1406 Marijuana; legalization of simple possession, etc.|last1=Ebbin|first1=Adam|last2=Lucas|first2=L. Louise|website=LIS: Virginia's Legislative Information System|access-date=7 April 2021|url=https://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+SB1406a}} as a result, under Article V, Section 6, subsections (b)(iii) and (c)(iii) of the Constitution of Virginia, the bill became law on July 1, 2021.{{cite web|title=Article V. Executive — Section 6. Presentation of bills; powers of Governor; vetoes and amendments|website=Constitution of Virginia|author= Virginia Division of Legislative Automated Systems (DLAS)|access-date=7 April 2021|date=8 November 1994|url=https://law.lis.virginia.gov/constitution/article5/section6/}} The law legalized adult recreational use where adults ages 21 and over can possess {{convert|1|oz}} or less of marijuana and also allows for the growth of up to four cannabis plants per household.{{cite web|url=https://www.wric.com/news/politics/capitol-connection/its-official-virginia-legalizes-marijuana-possession-starting-this-summer/|title=It's official: Virginia legalizes marijuana possession starting this summer|date=April 7, 2021|access-date=April 8, 2021}}{{cite news|url=https://www.washingtonpost.com/local/virginia-politics/virginia-general-assembly-headed-back-to-richmond-to-take-up-marijuana-legalization-other-unfinished-business/2021/04/07/c95c54f8-96e0-11eb-962b-78c1d8228819_story.html|title=Virginia General Assembly votes to allow adults to possess marijuana on July 1|newspaper=The Washington Post|date=April 7, 2021|access-date=April 8, 2021}} Retail sales and the opening of recreational cannabis dispensaries was scheduled to begin on January 1, 2024, but a re-enactment clause requiring the Virginia legislature to re-approve the sales provision was not taken up following the Republican takeover of the House of Delegates in 2021. Let's Talk About Licenses, Eric Postow (April 28, 2021) https://www.cannabisbusinessexecutive.com/2021/04/virginia-cannabis-lets-talk-about-licenses/ Cannabis Business Executive.{{cite web|url=https://www.virginiamercury.com/2021/04/07/marijuana-will-be-legal-in-virginia-on-july-1-heres-what-is-and-isnt-permitted-under-the-new-law/|title=Marijuana will be legal in Virginia on July 1. Here's what is and isn't permitted under the new law.|date=April 7, 2021|access-date=May 1, 2021}}

During the 2021 election, Glenn Youngkin stated he would not seek to repeal Virginia's recreational marijuana laws.{{Cite news |date=2021-07-03 |title=Glenn Youngkin won’t look to repeal marijuana legalization if elected as Virginia’s governor |url=https://www.wric.com/news/politics/glenn-youngkin-wont-look-to-repeal-marijuana-legalization-if-elected-as-virginias-governor/ |archive-url=http://web.archive.org/web/20241124133413/https://www.wric.com/news/politics/glenn-youngkin-wont-look-to-repeal-marijuana-legalization-if-elected-as-virginias-governor/ |archive-date=2024-11-24 |access-date=2025-03-03 |work=WRIC ABC 8News |language=en-US}} As Governor, Youngkin has not voiced support for recreational sales, and has left the decision up to the state legislature.{{Cite web |date=2023-02-16 |title=Youngkin won't commit to legalizing retail cannabis while in office |url=https://www.vpm.org/news/2023-02-16/governor-glenn-youngkin-general-assembly-no-marijuana-sales |access-date=2023-04-28 |website=VPM |language=en}} During the 2023 session of the General Assembly, all bills to begin recreational sales failed to pass with the split Republican run House of Delegates and the Democratic run State Senate.{{Cite web |title=LIS > Bill Tracking > SB1133 > 2023 session |url=https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+SB1133 |access-date=2023-04-28 |website=lis.virginia.gov}}{{Cite web |last=Herrington |first=A. J. |date=2023-02-16 |title=Virginia Legislative Panel Kills Retail Cannabis Bill |url=https://hightimes.com/news/virginia-legislative-panel-kills-retail-cannabis-bill/ |access-date=2023-04-28 |website=High Times |language=en-US}}{{Cite web |date=2023-02-02 |title=Virginia House GOP Rejects Retail Cannabis Sales |url=https://norml.org/blog/2023/02/01/virginia-house-republicans-reject-retail-cannabis-sales-plan/ |access-date=2023-04-28 |website=NORML |language=en-US}} Governor Youngkin pushed for revisions to the sale of hemp derived products, including Delta-8, that would allow them to exceed a two milligram THC cap as long as there is a 25:1 CBD to THC ratio.{{Cite web |last=Dietrich |first=Connor |date=2023-04-13 |title=Virginia General Assembly passes Gov. Youngkin's amendment to hemp bill |url=https://www.wsls.com/news/local/2023/04/13/virginia-general-assembly-passes-gov-youngkins-amendment-to-hemp-bill/ |access-date=2023-04-28 |website=WSLS |language=en}}{{Cite web |last=Littlehales |first=Alex |date=April 13, 2023 |title=Virginia lawmakers approve Youngkin's changes to hemp bill |url=https://www.13newsnow.com/article/news/local/virginia/virginia-youngkin-amendments-cbd-hemp-thc-delta-8/291-ce2c2605-5df6-4644-99bb-0d4e6f3a3a7f |access-date=2023-04-28 |website=13newsnow.com |language=en-US}}

Separate marijuana legislation signed by Youngkin in 2022 allows patients to purchase medical marijuana immediately upon receiving a certificate to do so from a registered medical provider. Previously, patients were required to register with the State Board of Pharmacy before they could make such a purchase. This reform was enacted due to long wait times occurring during the registration process.{{Cite news |title=New laws take effect July 1 in Virginia and Maryland |language=en-US |newspaper=Washington Post |url=https://www.washingtonpost.com/dc-md-va/2022/06/30/new-laws-july-virginia-maryland-dc/ |access-date=2023-04-28 |issn=0190-8286}}{{Cite web |date=2022-04-16 |title=Virginia to lift state registration rule for medical marijuana |url=https://www.wavy.com/marijuana-in-virginia/virginia-to-lift-state-registration-rule-for-medical-marijuana/ |access-date=2023-04-28 |website=WAVY.com |language=en-US}}{{Cite web |date=2022-07-01 |title=New law makes it easier to get medical marijuana in Virginia |url=https://wtop.com/virginia/2022/07/new-law-makes-it-easier-to-access-medical-marijuana-in-virginia/ |access-date=2023-04-28 |website=WTOP News |language=en}} The General Assembly also passed a law in 2022 banning the sale of THC edible products shaped like animals, humans, vehicles, or fruits.{{Cite web |title=Behind Virginia's mystery marijuana provision: Measure came from Governor's office, with help from two Democrats |url=https://news.yahoo.com/behind-virginia-mystery-marijuana-provision-204100171.html |access-date=2023-04-28 |website=Yahoo News |date=June 11, 2022 |language=en-US}}

A 2023 report by New Frontier Data estimated that $2.4 billion worth of cannabis would be sold in Virginia, but 99% of that will be sold illegally, due to the lacking recreational sales.{{Cite web |last=KOLENICH |first=ERIC |date=2023-06-09 |title=Illegal marijuana delivery is flourishing in Richmond — for now |url=https://richmond.com/news/state-regional/government-politics/pot-cannabis-richmond-virginia-marijuana-delivery/article_3619aa56-fbc9-11ed-8765-a7f2ca1d5e32.html |archive-url=https://web.archive.org/web/20230610090717/https://richmond.com/news/state-regional/government-politics/pot-cannabis-richmond-virginia-marijuana-delivery/article_3619aa56-fbc9-11ed-8765-a7f2ca1d5e32.html |archive-date=June 10, 2023 |access-date=2023-06-12 |website=Richmond Times-Dispatch |language=en}} In July, 2023, the commissioner of the Virginia Department of Agriculture and Consumer Services, stated that the Youngkin administration was "not interested in any further moves towards legalization of adult recreational use marijuana".{{Cite web |last=SANDLOW |first=HALEY |date=2023-07-07 |title=Youngkin 'not interested' in legalizing recreational marijuana sales |url=https://dailyprogress.com/news/local/government-politics/youngkin-not-interested-in-legalizing-recreational-marijuana-sales/article_36dade90-1c1e-11ee-97e8-533b698ddf58.html |archive-url=https://archive.today/20230707123454/https://dailyprogress.com/news/local/government-politics/youngkin-not-interested-in-legalizing-recreational-marijuana-sales/article_36dade90-1c1e-11ee-97e8-533b698ddf58.html#selection-4221.41-4221.133 |archive-date=July 7, 2023 |access-date=2023-07-11 |website=The Daily Progress |language=en}}

In 2024, following Democrats taking control of the state legislature in the 2023 elections, they introduced legislation to begin recreational sales. The proposed legislation would allow medical dispensaries to begin recreational sales on July 1, 2024, with broader sales beginning July 1, 2025. However, the bill would need to survive a veto by Governor Youngkin.{{Cite web |last=Adlin |first=Ben |date=2024-01-10 |title=Virginia Bills Would Legalize Recreational Marijuana Sales In 2024, Though Threat Of Governor's Veto Looms Large |url=https://www.marijuanamoment.net/virginia-bills-would-legalize-recreational-marijuana-sales-in-2024-though-threat-of-governors-veto-looms-large/ |archive-url=https://web.archive.org/web/20240111033627/https://www.marijuanamoment.net/virginia-bills-would-legalize-recreational-marijuana-sales-in-2024-though-threat-of-governors-veto-looms-large/ |archive-date=2024-01-11 |access-date=2024-01-15 |website=Marijuana Moment |language=en-US}} In January, Youngkin again stated that he did not have "a lot of interest in pressing forward with marijuana legislation."{{Cite web |last=Times-Dispatch |first=ERIC KOLENICH Richmond |date=2024-01-26 |title=Democrats advance marijuana commercialization, but Youngkin stands in the way |url=https://richmond.com/news/local/government-politics/virginia-marijuana-sales-youngkin-general-assembly/article_07e0cf0a-bb97-11ee-8703-eb3adadc8168.html |access-date=2024-01-26 |website=Richmond Times-Dispatch |language=en}}

The House and the Senate passed a bill to allow legal recreational sales to commence on May 1, 2025 with a tax rate of 11.625%.{{Cite web |last=RANKIN |first=SARAH |date=2024-02-28 |title=Legislation allowing recreational marijuana sales in Virginia heads to GOP Gov. Glenn Youngkin |url=https://apnews.com/article/virginia-marijuana-retail-sales-legalized-general-assembly-glenn-youngkin-434c6c8c77433d3ad1c9e4048fa39f7a |access-date= |website=AP.com |language=en}} Governor Youngkin vetoed the bill on March 28, 2024, saying it "endangers Virginians' health and safety."{{Cite web |last=Zhang |first=Mona |date=2024-03-28 |title= Virginia governor vetoes marijuana market bill |url=https://www.politico.com/news/2024/03/28/virginia-governor-vetoes-marijuana-bill-00149638> |website=Politico.com |language=en}}

During the 2025 legislative session, Virginia Democrats again passed a bill "to create a regulated and taxed cannabis marketplace". However, it is anticipated that Governor Youngkin will again veto the bill.{{Cite web |last=Schmidt |first=Markus |date=2025-02-05 |title=Cannabis sales bills clear Virginia legislature, face likely Youngkin veto • Virginia Mercury |url=https://virginiamercury.com/2025/02/05/cannabis-sales-bills-clear-virginia-legislature-face-likely-youngkin-veto/ |access-date=2025-03-03 |website=Virginia Mercury |language=en-US}}

• Taylor v. United States (2016)
• Cannabis in Washington, D.C.
• Cannabis in Maryland

{{reflist}}

• [https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/Final-Report-on-Marijuana-Legalization-11.30.20.pdf Impact on the Commonwealth of Legalizing the Sale and Personal Use of Marijuana] (November 30, 2020) report to Virginia General Assembly and Governor of Virginia

{{Cannabis in the United States}}

{{Agriculture in the United States}}

Virginia

Category:Crime in Virginia

Category:Virginia culture