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Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020,[1] and adult recreational use became legalized in July 2021.[2][3]

In April 2020, Virginia Governor Ralph Northam approved a bill to decriminalize simple marijuana possession, which took effect July 2020. In February 2021, both houses of Virginia's General Assembly passed legislation to fully legalize cannabis, with an effective date of 2024.[4][3] The law allows adults aged 21 and over to possess up to 1 ounce (28 g) of marijuana, to cultivate up to four plants per household, as well as sharing of marijuana where there is no commercial transaction.[2] Virginia is the first state in the southern United States to legalize cannabis.[5]

Legislation and history

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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.[6] 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.[7] 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.[8] 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.[9][10]

As of July 1, 2020, possession of less than 1 ounce (28 g) was decriminalized to a civil offense punishable by a $25 fine.[11] One year later, personal use became legal.

Medical cannabis in Virginia

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In 1979, Virginia passed legislation allowing doctors to recommend cannabis for glaucoma or the side effects of chemotherapy.[12][13] 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[14] 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.[15]

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.[16][17][18] The bill had passed Virginia's Senate with a vote of 37–1 in February.[19][20]

In September 2018, the Virginia State Board of Pharmacy approved the applications for five companies to open medical cannabis dispensaries across the Commonwealth.[21][22] As of September 2023, 1,051 doctors in Virginia have registered with the state to write medical cannabis recommendations.[23] 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. [24] Also legislation passed in 2019 allowing doses to contain up to 10 mg of THC to patients.[25][26] There are currently 21 medical cannabis dispensaries open throughout the state. [27]

2015 failed attempt to decriminalize

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In 2015, the Virginia Senate's Courts of Justice committee rejected bills to decriminalize cannabis[28] and remove the smoke a joint, lose your license provision in the Virginia Code.[29]

2020 reform measures on decriminalization

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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.[30][31]

In February 2020, the House of Delegates voted 64–34 in favor of Delegate Charniele Herring's HB972 to decriminalize personal possession of marijuana.[32] The next day the Senate voted 27–13 in favor of Senator Adam Ebbin's SB 2 with a similar decriminalization scope.[33] Virginia was to become the 27th state to remove the threat of jail time for low-level marijuana possession.[34] On March 8, 2020, the Virginia House of Delegates and Senate passed legislation on a marijuana decriminalization plan.[35] 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.[36] This legislation decriminalized cannabis per possession of less than 1 ounce (28 g) of, which carries the presumption of personal use, carrying a $25 civil fine.[37]

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.[38]

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.[39] 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.[39] 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.[39]

On November 16, 2020, Governor Northam announced that he would introduce and support legislation to legalize marijuana in the Commonwealth of Virginia.[40] Governor Northam stated that the proposed legislation would need to addresses five different areas of concern, those include: social equity,[41] racial equity, and economic equity, public health, protections for young people, upholding the Virginia Indoor Clean Air Act, and data collection.[40]

Other bills in the General Assembly addressing legalization of simple possession, including Lee J. Carter's HB 87[42] and Steve Heretick's HB 269,[43] have been deferred to the 2021 session.

2021 legalization of recreational use

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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.[44][45]

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.[46] 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.[47][48][49]

Governor Northam said he would sign the bills into law if they reached his desk.[50] Substitute Senate Bill 1406 was passed by the House General Laws Committee on February 11.[51] 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.[52] 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.[53] 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.[54][3]

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.[55]

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.[56] On April 7, the legislature took up the governor's recommended amendments in a one-day reconvened session.[57][58] Both houses of the legislature (including Lt. Gov. Justin Fairfax's tiebreaking vote in the Senate) approved the governor's entire recommendation verbatim;[2][59] 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.[60] The law legalized adult recreational use where adults ages 21 and over can possess 1 ounce (28 g) or less of marijuana and also allows for the growth of up to four cannabis plants per household.[61][2][62] 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.[63][64]

2022–2024 Youngkin Administration

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Governor Glenn Youngkin has not voiced support for recreational sales, and has left the decision up to the state legislature.[65] 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.[66][67][68] 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.[69][70]

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.[71][72][73] The General Assembly also passed a law in 2022 banning the sale of THC edible products shaped like animals, humans, vehicles, or fruits.[74]

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.[75] 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".[76]

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.[77] In January, Youngkin again stated that he did not have "a lot of interest in pressing forward with marijuana legislation."[78]

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%.[79] Governor Youngkin vetoed the bill on March 28, 2024, saying it "endangers Virginians' health and safety."[80]

See also

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References

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  1. ^ Coghill, Arianna (August 10, 2020). "The First Medical Marijuana Dispensary in Virginia Opens This Month". Dogwood. Retrieved January 6, 2021.
  2. ^ a b c d Paviour, Ben (April 7, 2021). "Virginia 16th State To Legalize Recreational Pot, Latest To Emphasize 'Social Equity'". National Public Radio. Retrieved April 9, 2021.
  3. ^ a b c Mona Zhang (February 27, 2021). "Virginia joins 15 other states in legalizing marijuana". Politico.
  4. ^ Slotkin, Jason (February 28, 2021). "Virginia Lawmakers Sign off on Bill Legalizing Recreational Marijuana". NPR.
  5. ^ Schneider, Gregory S. (March 31, 2021). "Northam proposes legalizing marijuana in Virginia on July 1". The Washington Post. Archived from the original on March 31, 2021. Retrieved March 31, 2021.
  6. ^ Panel Backs Marijuana, Heroin Ban, Tyler Whitley, Richmond Times-Dispatch, 27 Jan 1998.
  7. ^ § 18.2-251, Code of Virginia.
  8. ^ Drive On: New Virginia law changes punishment for marijuana possession, Drive On: New Virginia law changes punishment for marijuana possession
  9. ^ Nolan, Jim (December 3, 2015). "McDougle: Expunge first-time pot, alcohol possession convictions for under-21 offenders". Richmond Times-Dispatch. Retrieved December 10, 2017.
  10. ^ Weiner, Rachel (March 10, 2017). "Get caught with pot, don't go to jail: Why not everyone is happy". The Washington Post. Retrieved December 10, 2017.
  11. ^ § 18.2-250.1. Possession of marijuana unlawful, Code of Virginia.
  12. ^ James A. Inciardi; Lana D. Harrison (October 11, 1999). Harm Reduction: National and International Perspectives. SAGE. pp. 84–. ISBN 978-0-7619-0688-9.
  13. ^ "Va. finds it legalized medical marijuana Law passed in 1979 with no controversy". The Baltimore Sun. February 2, 1997. Retrieved April 14, 2020.
  14. ^ Hodes, David (October 21, 2014). "The cloudy, hazy weed renaissance". Northern Virginia Magazine. Retrieved April 14, 2020.
  15. ^ Panel Backs Marijuana, Heroin Ban, Tyler Whitley, Richmond Times-Dispatch, 27 Jan 1998.
  16. ^ Vozzella, Laura (December 14, 2012). "Va. House allows marijuana oils for epilepsy". The Washington Post. Retrieved August 26, 2015.
  17. ^ "LIS > Bill Tracking > HB1445 > 2015 session". Leg1.state.va.us. March 29, 2015. Retrieved August 26, 2015.
  18. ^ "Virginia's Medical Marijuana | Bill Deceptive". MJINews. March 3, 2015. Retrieved August 26, 2015.
  19. ^ "Marijuana extracts OK'd for epilepsy treatment in Va". WTVR.com. February 18, 2015. Retrieved August 26, 2015.
  20. ^ "Gov. McAuliffe signs bill allowing access to medical marijuana oil". WTVR.com. February 26, 2015. Retrieved August 26, 2015.
  21. ^ McCloskey, Sara (September 26, 2018). "Medical marijuana dispensaries picked by state board, what does that mean for patients?". WRIC-TV. Retrieved April 14, 2020.
  22. ^ Thorson, Alex (November 22, 2019). "Supporters, critics address marijuana decriminalization in Virginia". WRIC-TV. Retrieved April 14, 2020.
  23. ^ "Virginia Medical Marijuana Card". Retrieved September 8, 2023.
  24. ^ "Virginia Board of Pharmacy - Pharmaceutical Processors - Cannabis Oil". www.dhp.virginia.gov. Retrieved September 8, 2023.
  25. ^ Tabackman, Lia (March 27, 2019). "Here's what you need to know about Virginia's new Medical Cannabis program". WTVR-TV. Retrieved April 14, 2020.
  26. ^ "Virginia lawmakers allow medical marijuana to be dispensed in lollipops and lozenges". March 8, 2019. 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.
  27. ^ "DHP - 404" (PDF).
  28. ^ "LIS > Bill Tracking > SB686 > 2015 session". Lis.virginia.gov. Retrieved August 26, 2015.
  29. ^ "LIS > Bill Tracking > SB1444 > 2015 session". Leg1.state.va.us. Retrieved August 26, 2015.
  30. ^ Puryear, Meghan (June 16, 2019). "Virginia AG calls for state to legalize marijuana". WVEC. Retrieved April 14, 2020.
  31. ^ Austermuhle, Martin (November 21, 2019). "Amid 'Cannabis Summit,' Pot Proponents Say Legalization In Virginia May Have To Wait". WAMU. Retrieved April 14, 2020.
  32. ^ "LIS > Bill Tracking > HB972 > 2020 session". lis.virginia.gov. Retrieved April 14, 2020.
  33. ^ "LIS > Bill Tracking > SB2 > 2020 session". lis.virginia.gov. Retrieved April 14, 2020.
  34. ^ Lopez, German (February 11, 2020). "Virginia is poised to decriminalize marijuana". Vox. Retrieved February 12, 2020.
  35. ^ Budryk, Zack (March 9, 2020). "Virginia lawmakers vote to decriminalize marijuana". The Hill. Retrieved March 12, 2020.
  36. ^ "Gov. Northam approves bill to decriminalize marijuana in Virginia". whsv.com. April 13, 2020. Retrieved April 14, 2020.
  37. ^ "Gov. Northam approves bill to decriminalize marijuana in Virginia". whsv.com. April 13, 2020. Retrieved April 14, 2020.
  38. ^ "Governor Ralph Northam - Virginia Marijuana Legalization Work Group". www.governor.virginia.gov. Retrieved December 7, 2020.
  39. ^ a b c "JLARC | Key Considerations for Marijuana Legalization". jlarc.virginia.gov. Retrieved December 7, 2020.
  40. ^ a b "Virginia Governor Ralph Northam - November". www.governor.virginia.gov. Retrieved December 7, 2020.
  41. ^ 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.
  42. ^ "LIS > Bill Tracking > HB87 > 2020 session". lis.virginia.gov. Retrieved April 14, 2020.
  43. ^ "LIS > Bill Tracking > HB269 > 2020 session". lis.virginia.gov. Retrieved April 14, 2020.
  44. ^ Mel Leonor (January 22, 2021). "Marijuana legalization clears key Virginia Senate panel". Richmond Times-Dispatch.
  45. ^ "SB 1406 – Marijuana; legalization of simple possession, penalties (2021 session)". Virginia Legislative Information System (bill tracker). Retrieved January 24, 2021.
  46. ^ Sonny Mazzone (February 3, 2021), "Virginia's on the Verge of Legalizing Marijuana", Reason
  47. ^ Sarah Rankin; Denise Lavoie (February 5, 2021). "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". Associated Press – via WWBT Richmond.
  48. ^ Daniel Kreps (February 6, 2021), "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", Rolling Stone
  49. ^ "Virginia Lawmakers Approve Marijuana Legalization Bills in Historic Votes". February 5, 2021.
  50. ^ Gregory S. Schneider; Laura Vozzella (February 5, 2021). "Virginia legislature votes to legalize marijuana, abolish the death penalty". The Washington Post.
  51. ^ Tyler Arnold (February 11, 2021), "Virginia House committee advances substitute marijuana bill, intends conference committee", The Center Square, Franklin News Foundation
  52. ^ Tyler Arnold (February 16, 2021), "Legal marijuana bills not yet at agreement as House, Senate pass different bills again", The Center Square, Franklin News Foundation
  53. ^ Dean Mirshahi (February 17, 2021). "Virginia will legalize marijuana, but lawmakers need to settle on timetable". WRIC-TV.
  54. ^ Dean Mirshahi (February 27, 2021). "Virginia lawmakers reach agreement on marijuana legalization bill". WRIC-TV.
  55. ^ Push to end marijuana prohibition this year instead of 2024 hinges on Northam
  56. ^ "Northam Looks to Move Up Marijuana Legalization to July 1". Virginia Public Media. March 25, 2021.
  57. ^ Sarah Rankin (April 7, 2021). "Lawmakers reconvene to take up Northam's changes to bills". Associated Press – via MSN.
  58. ^ Gregory S. Schneider; Antonio Olivo (April 7, 2021). "Virginia General Assembly headed back to Richmond to take up marijuana legalization, other unfinished business". The Washington Post.
  59. ^ Ebbin, Adam; Lucas, L. Louise. "SB 1406 Marijuana; legalization of simple possession, etc". LIS: Virginia's Legislative Information System. Retrieved April 7, 2021.
  60. ^ Virginia Division of Legislative Automated Systems (DLAS) (November 8, 1994). "Article V. Executive — Section 6. Presentation of bills; powers of Governor; vetoes and amendments". Constitution of Virginia. Retrieved April 7, 2021.
  61. ^ "It's official: Virginia legalizes marijuana possession starting this summer". April 7, 2021. Retrieved April 8, 2021.
  62. ^ "Virginia General Assembly votes to allow adults to possess marijuana on July 1". The Washington Post. April 7, 2021. Retrieved April 8, 2021.
  63. ^ 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.
  64. ^ "Marijuana will be legal in Virginia on July 1. Here's what is and isn't permitted under the new law". April 7, 2021. Retrieved May 1, 2021.
  65. ^ "Youngkin won't commit to legalizing retail cannabis while in office". VPM. February 16, 2023. Retrieved April 28, 2023.
  66. ^ "LIS > Bill Tracking > SB1133 > 2023 session". lis.virginia.gov. Retrieved April 28, 2023.
  67. ^ Herrington, A. J. (February 16, 2023). "Virginia Legislative Panel Kills Retail Cannabis Bill". High Times. Retrieved April 28, 2023.
  68. ^ "Virginia House GOP Rejects Retail Cannabis Sales". NORML. February 2, 2023. Retrieved April 28, 2023.
  69. ^ Dietrich, Connor (April 13, 2023). "Virginia General Assembly passes Gov. Youngkin's amendment to hemp bill". WSLS. Retrieved April 28, 2023.
  70. ^ Littlehales, Alex (April 13, 2023). "Virginia lawmakers approve Youngkin's changes to hemp bill". 13newsnow.com. Retrieved April 28, 2023.
  71. ^ "New laws take effect July 1 in Virginia and Maryland". Washington Post. ISSN 0190-8286. Retrieved April 28, 2023.
  72. ^ "Virginia to lift state registration rule for medical marijuana". WAVY.com. April 16, 2022. Retrieved April 28, 2023.
  73. ^ "New law makes it easier to get medical marijuana in Virginia". WTOP News. July 1, 2022. Retrieved April 28, 2023.
  74. ^ "Behind Virginia's mystery marijuana provision: Measure came from Governor's office, with help from two Democrats". Yahoo News. June 11, 2022. Retrieved April 28, 2023.
  75. ^ KOLENICH, ERIC (June 9, 2023). "Illegal marijuana delivery is flourishing in Richmond — for now". Richmond Times-Dispatch. Archived from the original on June 10, 2023. Retrieved June 12, 2023.
  76. ^ SANDLOW, HALEY (July 7, 2023). "Youngkin 'not interested' in legalizing recreational marijuana sales". The Daily Progress. Archived from the original on July 7, 2023. Retrieved July 11, 2023.
  77. ^ Adlin, Ben (January 10, 2024). "Virginia Bills Would Legalize Recreational Marijuana Sales In 2024, Though Threat Of Governor's Veto Looms Large". Marijuana Moment. Archived from the original on January 11, 2024. Retrieved January 15, 2024.
  78. ^ Times-Dispatch, ERIC KOLENICH Richmond (January 26, 2024). "Democrats advance marijuana commercialization, but Youngkin stands in the way". Richmond Times-Dispatch. Retrieved January 26, 2024.
  79. ^ RANKIN, SARAH (February 28, 2024). "Legislation allowing recreational marijuana sales in Virginia heads to GOP Gov. Glenn Youngkin". AP.com.
  80. ^ Zhang, Mona (March 28, 2024). > "Virginia governor vetoes marijuana market bill". Politico.com.
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