The Virginia General Assembly has once again advanced legislation to establish a regulated market for recreational marijuana sales. Virginia is unique in that it allows personal possession of cannabis but bans retail sales outside of medical marijuana dispensaries. The legislation, HB 2485 sponsored by Delegate Paul Krizek, D-Fairfax County, and SB970 by Senator Aaron Rouse, D-Virginia Beach, passed the Democratic-controlled legislature on a party-line vote (53-46 in the House and 21-19 in the Senate). The bills now move on to Virginia’s Governor Glenn Youngkin.
The bills largely mirror a similar measure from last year, which was analyzed in depth in here. However, last year’s legislation was ultimately vetoed by Younkin. This article builds on that prior analysis while examining the key provisions of the latest proposal, its implications, and the political landscape surrounding its possible enactment.
Background
Virginia decriminalized marijuana possession in 2021, allowing adults to possess and share small amounts of cannabis. However, retail sales remain illegal, and the statutory framework for a regulated market — passed in 2021 — was left in legislative limbo, requiring reenactment by a future General Assembly session. That reenactment never occurred, leaving Virginia with a unique legal situation: marijuana possession is permitted, but there is no lawful avenue for commercial sales outside of the medical marijuana program.
Key Provisions of the Bill
Like its predecessor, the new bill assigns regulatory oversight of the retail marijuana market to the Virginia Cannabis Control Authority (VCCA). The bill builds upon previously dormant provisions, reenacting and amending key sections of the Virginia Code related to licensing, taxation, product testing, and local control. The bill mandates a “seed-to-sale” tracking system to monitor the cultivation, distribution, and sale of marijuana, aiming to ensure compliance with regulatory requirements.
Licensing Framework and Micro Business Preference
Consistent with last year’s proposal, the bill establishes multiple license categories, including cultivation, processing, transportation, testing, and retail sales. It replaces the previous “social equity license” model, found in dormant provisions of the Code, with a “micro business” licensing structure, which prioritizes certain applicants, including individuals with past marijuana-related convictions, residents of historically disadvantaged communities, and military veterans.
Testing, Labeling, and Consumer Protections
Like last year’s bill, the current proposal requires comprehensive testing of marijuana products for contaminants such as heavy metals, pesticides, and microbiological impurities. Packaging must include detailed labeling, including THC potency, ingredient lists, and a universal cannabis warning symbol. Retail sales remain restricted to face-to-face transactions, with online orders, delivery services, and vending machine sales explicitly prohibited.
Legislative Outlook and Governor’s Action
The future of the bill remains uncertain, as Youngkin has not indicated whether he will sign the measure into law. In previous discussions, the governor has expressed skepticism about expanding commercial marijuana sales, citing concerns over public health and safety.
During Youngkin’s State of the Commonwealth Address on January 13, he stated: “The dangers of marijuana use, particularly among our young people, continue to grow. We know that states with retail markets have seen significant negative impacts on children and adolescent health and safety, increased gang activity and violent crime, significant deterioration in mental health, decreased road safety, and significant costs associated with a marijuana retail market that far exceed the perverse benefit of ‘tax revenue.’ Everyone knows where I stand on establishing a retail market. Let’s work together on other issues where we can find common ground.”
If vetoed, the bill’s proponents will face an uphill battle in securing the votes needed for an override.
What It Means
The advancement of this bill marks a pivotal moment in the ongoing debate over a fully regulated adult-use marijuana market in Virginia. With the bill now awaiting the governor’s decision, its passage through the General Assembly underscores a sustained legislative effort to address the inconsistencies in Virginia’s current marijuana laws. Stakeholders, including businesses and consumers, should continue to monitor developments closely as the state navigates the complexities of marijuana regulation.
