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Virginia recreational cannabis could be going up in smoke

Virginia recreational cannabis could be going up in smoke

Virginia recreational cannabis dispensaries

When Glen Youngkin was elected Governor of Virginia after a heated race in 2021, many cannabis advocates began to question the future of Virginia recreational cannabis. Despite legalizing cannabis for recreational use earlier in the year, the state has yet to get the industry rolling in any real way.

It isn’t uncommon for a state to take more than a year or two to establish their regulatory framework and begin adult-use sales. However in Virginia’s case, cannabis was legalized by a Democrat governor, who was soon replaced by a Republican.

Youngkin holds a different view on cannabis compared to his predecessor, and now those views have begun impacting the future prospects of a recreational cannabis industry in Virginia.

On April 7, 2021, Virginia became the first state in the South to begin the process of legalizing adult-use cannabis. HB2312 (Herring) and SB1406 (Ebbin; Lucas), introduced by Governor Northam and passed by the 2021 General Assembly, lay out a three year process to legalize cannabis and create a regulatory framework for the sale of the product.

However while a recent General Assembly session saw lawmakers increase accessibility for medical cannabis patients, it failed to expedite Virginia recreational cannabis sales, and added new penalties for cannabis possession. So what happened?

The original bill as previously mentioned included a three-year timeline to implement regulations and framework for a recreational cannabis industry. The latest General Assembly session was voting on whether to shorten this timeframe, which would have expedited retail cannabis sales to this September.

However with the latest amendments to the original bills, it is unlikely that a Virginia recreational cannabis industry will be open by the original 2024 deadline.

Lobbyists influenced Virginia legislators into believing that it is safer for several large corporations to produce the products rather than having hundreds of small batch operations, according to Happy Trees co-founder Josiah Ickes. Happy Trees is a garden store supplying cannabis growers in the state.

“We have all these small breweries in Richmond,” Ickes said. “It would be kinda like if we said: ‘Oh, well look at all these small breweries, they need to go away because we don’t know if they’re creating safe beer.’”

Virginians will still be able to possess up to two ounces of cannabis flower for personal use without penalty. For comparison, in Colorado where cannabis has been legal since 2012, consumers are only allowed one ounce in their possession at a time.

Those who aren’t waiting for a legal cannabis industry to open up also have the option to grow their own cannabis. With the current framework and delay of a recreational industry, it is likely that a gift/donation industry will begin to develop in Virginia.

Coincidentally Virginia borders Washington, D.C., where cannabis is also legal but has no established industry. DC now has a thriving gift/donation industry where consumers will donate a certain amount in exchange for a gift (in the form of cannabis), creating a loophole where technically there isn’t a “sale” of cannabis happening.

There have been plenty of efforts to shut down this grey area industry, but efforts thus far have failed. With a successful market right next door, Virginians are likely to replicate these practices so people can still buy and sell their cannabis without technically breaking the law.

One of the positives to come out of the latest General Assembly meeting was regarding medical cannabis patients and their access to the products they need. Governor Youngkin recently signed new legislation which eliminated the requirement to register with the state Board of Pharmacy before being approved to purchase medical cannabis products.

Would be Virginia medical cannabis patients already have to get a referral from a medical provider in order to get access to cannabis. The latest amendment would appear to be simply removing an unnecessary step for patients.

When lawmakers originally approved the sale of low-concentration THC oil for medical patients in 2019, the Board of Pharmacy issued just 1,377 medical cannabis cards. That number grew to 7,135 in 2020, and ballooned to over 33,000 in 2021. The Board has issued over 10,000 cards from January to April 2022 already.

Brandy, a resident of Richmond, VA began smoking cannabis at age 15. Now 37, she grows plants in her home. Citizens can grow up to four plants legally per household.

Brandy has a state-approved prescription for cannabis to treat anxiety and bipolar disorder, but said she prefers growing cannabis as opposed to going to a dispensary, because it’s cheaper. Health insurance does not cover medical cannabis.

“In Virginia, it really sucks,” Brandy said. “You go in and they have the little half gram carts, and it’s $65.”

With a retail market still not established, Brandy said she prefers growing her own supply versus buying illegally from a dealer.

“This way I know exactly what goes in it,” Brandy said. “It’s all organic product, there isn’t chemicals in it.”

Currently there are only four state-licensed medical cannabis companies that can provide cannabis to patients in five health districts across Virginia. There are still several health districts that don’t have a single dispensary, making patients have to travel long distances to get their medicine.

Limited access, expensive pricing and the lack of a legal industry has put Virginia on a path that is leaving many unsure of the future of Virginia recreational cannabis. One can safely assume that there won’t a regulated, adult-use cannabis industry in the state until at least 2024.

However one can also expect to start seeing some semblance of an underground, grey market cannabis industry develop as consumers find ways to sell and purchase recreational cannabis without breaking the specific rules of the law.

Could Virginia cannabis legalization be overturned in 2022?

Could Virginia cannabis legalization be overturned in 2022?

virginia cannabis legalization could be flipped in 2022
Virginia legalized the home cultivation of cannabis July 1, 2021, with plans for a retail industry set in place for 2024. However with the 2022 gubernatorial race quickly approaching, that could all be overturned.
The retail market set to begin in 2024 still needs to be organized and approved down the road by legislators. This means that there’s still plenty of time for those that oppose legalization to try and overturn it. Should the Republican candidate win the race, it might be easy to do.

NORML, a national organization that has been fighting for cannabis legalization for decades, uses a rating system in gubernatorial races across the country to grade the candidates for their likelihood to support cannabis legalization.

NORML has given the race’s Democratic candidate, former Gov. Terry McAuliffe, an A grade, noting his public statements calling for legalization. The Republican candidate, Glenn Youngkin, a private equity executive, has a D grade from NORML, noting that Youngkin supports only limited cannabis decriminalization.

And it isn’t just the governor’s seat that is up for grabs in 2022. The Virginia House of Delegates is nearly split down the middle on partisan lines, with multiple seats up for re-election in 2022. Advocates are concerned that without a Democrat majority in both chambers of government in the state, the path to full legalization may be blocked indefinitely.

Similarly to the gubernatorial race, the race for Virginia Attorney General is just as important. The Democratic candidate for attorney general, incumbent Mark Herring, has called for cannabis legalization in the commonwealth, while GOP challenger Jason Miyares has only expressed limited support for medical marijuana.

Additionally the lieutenant governor race falls into the same judgement from NORML, with the democrat receiving and A grade and the Republican getting a D grade. Long story short, if Democrats lose these races, the future of cannabis legalization in Virginia is hazy to say the least.

Over 60% of Virginians have expressed their support for cannabis legalization, with just over 30% being opposed. One would like to think that no matter who wins these races, the voice of the people will be respected. If the majority supported legalization enough to pass it, then it is the will of the people of Virginia that cannabis should remain legal.

While traditionally the party of smaller government, less intervention and following the will of the people, one should be very hesitant to believe that a republican governor and republican controlled House of Delegates would not try to impede legalization in Virginia. Suffice to say, Virginians will be waiting with bated breath to see who comes out on top, as it would seem the future of cannabis legalization literally depends on it.

Virginia Cannabis Legalization Will Now Take Effect July 1, 2021

Virginia Cannabis Legalization Will Now Take Effect July 1, 2021

Virginia cannabis legalization has been moved forward by a new provision

Following today’s legislative approval of Democratic Governor Ralph Northam’s amendments to Senate Bill 1406 and House Bill 2312, Virginia becomes the first southern state to legalize the possession and use of marijuana by adults. 

Senate Bill 1406, introduced by Senator Adam Ebbin (D-30) and Senate President Pro Tempore Senator Louise Lucas (D-18), and House Bill 2312, patroned by House Majority Leader Delegate Charniele Herring (D-46), establish a statutory timeline for the legalization of the commercial marijuana market in Virginia. The measure also permits for the personal possession and cultivation of cannabis by those ages 21 or older.

Last week, Gov. Northam recommended changes to the legislation to permit the personal use provisions of the law to take effect on July 1, 2021 rather than on January 1, 2024 — the enactment date initially approved by lawmakers. Today, a majority of the legislature concurred with that change.

Therefore, beginning July 1, 2021, adults will be permitted to possess up to one ounce of marijuana and to cultivate up to four cannabis plants per household without penalty.

The timeline by which state regulators have to enact provisions licensing commercial cannabis production and sales remains July 1, 2024.

Commenting on the final passage, NORML Development Director Jenn Michelle Pedini, who also serves as the Executive Director of Virginia NORML, said: “This is an incredible victory for Virginia. Legalization will bring an end to the thousands of low-level marijuana infractions occurring annually in the Commonwealth — ending a discriminatory practice that far too often targets Virginians who are young, poor, and people of color.” 

Majority Leader Charniele Herring added: “It is a huge day for equity in the Commonwealth. Virginia is now the first state in the South to legalize recreational marijuana use, and I am so proud to have been able to carry this monumental legislation. I am ever grateful for the commitment and advocacy from NORML on this topic. Getting Virginia to this day would not have been possible without their hard work and dedication to the cause.”

Senator Adam Ebbin said: “The passage of SB1406 caps off years of struggle to reform our broken and outdated marijuana laws and begins the deliberate steps to repeal the harms of the failed prohibition. I am thankful to NORML, the Governor, and my colleagues for moving this 283 bill from inception to passage over the last four months, and look forward to continuing to partner with them to establish a regulated, equity focused, adult-use marketplace in the coming years.”

Newly released statewide polling data finds that 68 percent of registered voters in Virginia, including majorities of Democrats and Republicans, support legalizing marijuana for adults.

“Virginians were very clear that they are ready for legalization this year, sending over 8,800 emails in support of these measures,” Pedini added.

Virginia Lawmaker Introduces Bill To Legalize Marijuana In 2021

Virginia Lawmaker Introduces Bill To Legalize Marijuana In 2021

Virginia cannabis legalization bill is introduced for 2021

A Virginia lawmaker has filed a bill to legalize marijuana for adult use in the state.

The move comes one month after Gov. Ralph Northam (D) included provisions to lay the groundwork for cannabis legalization in a budget proposal that also calls for millions of dollars to support expungements.

The bill from Del. Steve Heretick (D) is the first of what could be several proposals to end marijuana prohibition that the legislature sees this session.

The new legislation would allow adults 21 and older to purchase and possess up to an ounce of cannabis. It calls for the Virginia Department of Agriculture and Consumer Services to regulate the marijuana program, as it currently does for hemp.

Adults could also grow up to three mature and three immature plants for personal use under the bill.

“This bill is built upon the lessons of other states throughout the country which have enacted similar reforms,” Heretick said in a press release.

A 9.6 percent tax would be imposed on cannabis sales under the bill, which was first reported by WTKR-TV, though local jurisdictions could tack on their own taxes for a maximum total of 15 percent. The municipalities would also be allowed to dictate whether marijuana businesses can operate in their area.

Most of the tax revenue from cannabis would go to the state’s general fund (67 percent) while the remaining 33 percent would be invested in a fund meant to promote public education about marijuana.

“With the support of Virginia’s Attorney General, Mark Herring, and a growing consensus of bipartisan support from legislators and local leaders around the Commonwealth, and now Virginia Governor Northam and key members of his administration, this is legislation which has now matured for enactment,” Heretick said. “I look forward to a robust and inclusive conversation about the manner in which Virginia will act on this legislation this year.”

Virginia Marijuana Laws Might Be Changing

Virginia Marijuana Laws Might Be Changing

When you think of cannabis friendly, Virginia definitely isn’t one of the states that comes to mind. But that could be changing.

The state House on Monday passed HB 972, a decriminalization bill, with bipartisan support. Delegates voted 64-34 for the measure, with a number of Republicans joining Democrats in favor. The state Senate is expected to pass its own version shortly.

If passed, the legislation would scrap criminal charges for possessing marijuana and replace them with small fines. Supporters have argued the measure is needed in part because African Americans are disproportionately charged with drug crimes.

Virginia Marijuana Laws

Virginia marijuana laws have always been strict, with the most minor offense having the potential of jail time for possession of a half ounce. Right now, a person who is found with half an ounce of the drug can be jailed for up to 30 days and/or be fined $500. The second time it happens, jail time is increased up to a year and the fine increases up to $2,500.

To make matters worse, the state has a proven track record of negatively impacting minority communities with Virginia marijuana laws, specifically people of color. In fact, people of color are currently three times more likely to be arrested for cannabis possession than white people. But the reality is that no matter their skin color, people arrested for cannabis in Virginia are less likely to find jobs and housing.

If the new bill passes through the State Senate, it will be a big step in the right direction for the state after killing a full-blown legalization bill in 2019.

What is HB972?

House Bill 972 is a very simple bill. All it would do is decriminalize possession of a half ounce of cannabis, resulting in just a $25 fine if caught. With a simple, straight forward goal, it’s easy to see why the bill was able to garner bipartisan support.

Of course there are those who are against the bill, some of whom are surprisingly pro-legalization groups. The ACLU for example claims the bill doesn’t do enough, and that more people will be incarcerated for not being able to pay the $25 fine. Frankly this is asinine. If you can afford to buy a half ounce of cannabis, you can afford a $25 fine, or you shouldn’t be buying cannabis because you don’t have your priorities straight.

So the question that is being asked now that decriminalization seems likely is, when can we expect legalization?

Virginia Cannabis Legalization

It’s probably safe to say right now that Virginia marijuana laws won’t be moving toward legalization in 2020. Right now, Virginia lawmakers sent the idea of legalization to a non-partisan committee to study, they say that the study could take a year. The results may give lawmakers guidance on whether they want to re-visit legalization in 2021.

In the meantime, Virginians trying to access cannabis medically are in for quite a struggle. Virginia technically doesn’t even have a functioning medical marijuana program. What they do offer is an Affirmative Defense clause for patients who given permission by their physician to use cannabis.

However, not many doctors are prescribing cannabis because of the legal risk and lack of incentive. Not that patients would really benefit from permission anyway.

All Virginia marijuana laws allow currently are CBD oil and THC-A oil, neither of which are psychoactive or regulated. This leaves patients who are given permission very few options, including traveling across state lines to states like Maryland to obtain medical cannabis with the risk of getting arrested upon re-entry to Virginia.

Suffice to say Virginia won’t be turning into a cannabis haven any time soon, but residents can hopefully rest easy soon knowing they’ll no longer risk jail time for half a little bit of cannabis.