Virginia: General Assembly rejects governor’s amendments to adult-use sales bill

After years of hard work, the Virginia General Assembly delivered a thoughtful and well-vetted bill — HB642/SB542 — to legalize and regulate adult-use sales to the desk of Gov. Abigail Spanberger. Unfortunately, the governor decided to rewrite the bill, including asking for changes to the current law that were not included in the original bill. These changes were so sweeping that the General Assembly could not decide on individual amendments but needed to either accept or reject the changes in their entirety. 

The General Assembly rejected the governor’s rewritten version of the bill in a voice vote in the House of Delegates and in a 21-18 Senate vote. The governor’s requested amendments included the re-criminalization of conduct that has been a civil offense for years. 

Now, the bill goes back to the governor, who can either accept it or veto it.

If you live in Virginia, ask the governor to accept the will of the people and let the cannabis sales bill in its original form become law!

The governor’s requested amendments included:

• Re-criminalizing public consumption, changing it from a civil violation to a misdemeanor charge
• Re-criminalizing possession by people under 21 (currently it is a civil, not criminal, charge) and including a mandatory fine or community service and a driver’s license suspension of 6-12 months
• Postponing adult use sales until July 1, 2027, rather than January 1, 2027
• Decreasing the amount a consumer can purchase from 2.5 ounces to two ounces (or an equivalent amount of infused products, to be determined by regulators)
• Decreasing the number of dispensaries from 350 to 200 until at least 2029
• Increasing the excise tax from 6% to 8% on July 1, 2029 (this is in addition to regular sales taxes and local taxes)

In 2021, Virginia became the first Southern state to legalize cannabis for adults, but the journey to a retail market has been a long one. For nearly five years, sales remained illegal and unregulated while the former governor blocked reform efforts with his veto pen. Virginia needs to end that sad tradition. Adults in Virginia want and deserve well-regulated, legal access to cannabis. 

We’re sorry to report that the governor also amended HB26/SB230, which creates the procedure for resentencing of people convicted of cannabis crimes and expungement. The General Assembly bill made the process automatic, but the governor amended it so that people will need to start the process individually. That amendment was rejected in a voice vote in the House of Delegates and a 21-18 vote in the Senate.