Virginia's Historic Marijuana Decision: Will Your Past Convictions Vanish or Will You Miss Out?

Virginia lawmakers wrapped up their legislative session with significant advancements in marijuana policy, presenting several cannabis-related bills to Governor Abigail Spanberger (D) for her consideration. As the deadline approaches on April 13, Spanberger faces crucial decisions that could reshape the state's approach to marijuana in multiple dimensions, from recreational sales to consumer rights.

Among the key proposals awaiting her signature are measures aimed at legalizing recreational cannabis sales, providing resentencing relief for individuals with past convictions, safeguarding the parental rights of cannabis consumers, and allowing patients to access medical marijuana in hospitals. The bills also update delivery and labeling rules and bolster enforcement against illegal cannabis sales.

The Path to Legalization

Recreational marijuana possession and home cultivation have been legal in Virginia since 2021; however, previous Governor Glenn Youngkin (R) vetoed two attempts to create a regulated market for legal sales. The newly proposed bills, SB 542 from Sen. Lashrecse Aird (D) and HB 642 from Del. Paul Krizek (D), would enable the launch of legal sales by January 1, 2027. Under these proposals, adults will be allowed to purchase up to 2.5 ounces of marijuana in a single transaction.

Key details of the proposals include:

• A 6% excise tax on cannabis sales, a 5.3% retail sales and use tax, and local municipalities allowed to impose an additional tax of up to 3.5%.
• The Virginia Cannabis Control Authority would be responsible for overseeing the new industry, including hemp regulation.
• Revenue distribution will allocate 30% to the Cannabis Equity Reinvestment Fund, 40% to early childhood education, 25% to the Department of Behavioral & Developmental Health Services, and 5% to public health initiatives.
• Cannabis businesses would be required to establish labor peace agreements with their workers.
• Delivery services would be permitted, and serving sizes would be capped at 10 mg THC per serving, with a maximum of 100 mg THC per package.

These proposals address previous concerns and reflect a more progressive approach, particularly in comparison to the Youngkin administration.

Resentencing and Parental Rights

Another critical aspect of the legislative package involves SB 62 from Senate President Pro Tem Louise Lucas (D) and HB 26 from Rozia Henson, Jr. (D), which aims to offer resentencing relief to those with specific marijuana-related convictions occurring prior to July 1, 2021. This legislation would create a streamlined process for individuals currently incarcerated or under community supervision to receive an automatic hearing to reconsider their sentences.

Additionally, HB 942 from Del. Nadarius E. Clark (D) seeks to protect the custody rights of parents who legally consume marijuana. The bill states that a person’s legal possession or consumption of cannabis alone cannot serve as a basis for restricting custody or visitation, unless other factors demonstrate that such actions are not in the child's best interest.

Medical Use and Delivery Updates

Governor Spanberger will also evaluate legislation allowing patients to utilize medical marijuana in hospitals. SB 332 from Sen. Barbara Favola (D) and HB 75 from Del. Karen Keys-Gamarra (D) will extend protections to include hospitals, paralleling existing provisions for hospices and nursing homes. This bill will create a working group under the Department of Health to facilitate the implementation of cannabis products for patients in medical care facilities.

Furthermore, HB 391 from Del. Alex Askew (D) aims to update delivery regulations, permitting medical cannabis companies to deliver directly to patients at various locations while imposing restrictions on certain areas, such as military bases and schools. The bill will also clarify labeling requirements to ensure that THC and CBD levels are clearly indicated on product packaging.

Cracking Down on Illegal Sales

To tackle the issue of unlicensed cannabis sales, SB 543 from Sen. Lashrecse Aird (D) aims to introduce regulations requiring licensed retailers to display a decal indicating their authorized status. Violations of this rule could result in penalties of up to $10,000 per day. This initiative highlights a proactive approach to ensure consumer safety and lawful market practices.

As Governor Spanberger weighs these proposals, advocates are optimistic about the potential for reform. JM Pedini, development director for NORML and executive director of Virginia NORML, stated, “Virginia already has some of the most progressive cannabis policies in the South and Mid-Atlantic. While our momentum was stalled by the Youngkin administration, Governor Spanberger taking office has cleared the path for continued progress.”

With the deadline looming, all eyes are on Spanberger. If she chooses to propose amendments or veto any of the bills, lawmakers will reconvene on April 22 to address her decisions. The outcome of these discussions could significantly impact Virginians' rights and access to cannabis in the years to come.