When Gov. Ralph Northam signed the 2021 Cannabis Control Act into law, retail sales of recreational marijuana were supposed to become legal this year. Yet, without establishing the framework for retail sales in the General Assembly, what was billed as a victory three years ago shifted into quasi-decriminalization. But some lawmakers are aiming to make full legalization a reality, while others are even going further, with legislation aimed at making the budding cannabis industry a fair playing field for retailers that are going up against pharmaceutical giants and billion-dollar corporations looking to be the first ones to sell legal weed in Virginia.
The bills, amended versions of one voted down in the General Assembly last year, are identical—HB 698 (sponsored by Del. Paul Krizek, D-Fairfax, in the House of Delegates), and SB 448 (co-sponsored by Aaron Rouse, D-Virginia Beach, and Adam Ebbin, D-Alexandria, in the state Senate)—and fully establish the framework under which licensed Virginia businesses entities could sell and distribute cannabis products. They also outline the means with which the state could control, regulate, and tax recreational marijuana, among other things in the voluminous, 81-page bill. These proposed bills would take effect January 1, 2025, with currently operating medical marijuana businesses allowed to begin applying and receiving licenses as early as July 1, 2024. Also included are adjustments to civil and criminal penalties of illegal possession and cultivation of hemp and marijuana, as well as illegal chemical alterations to cannabis and its derivatives.
HB 698 recently passed the House of Delegates with a 52-48 vote, mostly along party lines. The one outlier was Republican Del. Chris Obenshain, serving Montgomery and parts of Roanoke counties in southwest Virginia.
For shops like Charlottesville’s Greener Things, which has been eagerly waiting for the retail sales infrastructure to be put in place, the ever-changing legal landscape of the state’s cannabis laws makes it a precarious business to be in. Maurice Robinson, general manager of the Downtown Mall store, says it’s been a long three years.
“It has been a frustrating time,” he says. “Hemp regulations are constantly changing, making it difficult for a large [number] of small businesses to stay open in the area.” As a currently licensed and operating medical marijuana dispensary, Greener Things would be among those applying for the early business licenses available this July.
The biggest hurdle on the road to full legalization and retail sales right now appears to be the governor, as Glenn Youngkin has been quoted several times saying he’s not interested in signing legislation that would provide the framework to regulate recreational marijuana.
“What I want us to work on are areas that we can find a meeting of the mind and press forward for the betterment of Virginia,” Youngkin told Richmond’s WRIC-TV in January. The governor has refrained from threatening to veto any particular piece of legislation, however, and has expressed disinterest in repealing the Cannabis Control Act of 2021.
None of these advances in cannabis and hemp legalization should indicate that law enforcement’s watch over the substance has lapsed. In September of last year, Attorney General Jason Miyares spearheaded a multi-jurisdiction raid on several marijuana businesses in southwest Virginia that included nine counties and 29 different state and federal law enforcement organizations. The businesses involved were accused of drug and money laundering offenses, but the search warrants and court documents were sealed for six months, making further information about the investigation difficult to obtain.
It’s why Robinson says his number one priority is staying on top of the laws and remaining compliant.
“Greener Things provides a safe and trustworthy location to purchase safe, third-party tested cannabis products,” Robinson says. “All products are federally legal, and Virgina compliant.”
By the book
Marijuana legalization is still uneven in Virginia. Here’s
what you can and can’t do with your greenery.
Possession: There’s no penalty for personal use at your own home. You can even share it with a friend (21 years or older). However, carrying anything in public beyond 1 ounce and up to 4 ounces could get you a fine of up to $25. Public possession beyond that is a misdemeanor, and over 1 lb. is a felony.
Cultivation: At home, you can grow up to four plants. Just make sure to attach a legible tag, keep it out of view of the public, and away from anyone under 21, or else you’ll incur a civil penalty. More than four plants is a misdemeanor after your first offense, unless you have more than 49 plants, in which case it’s a felony.
Sale/manufacture/trafficking: Anything over an ounce is a felony, with possible punishment of up to life in prison.