Virginia Governor Glenn Youngkin signed a series of bills on Monday that will legalize the possession and cultivation of cannabis for adults 21 and older in the state. The bills also set up a framework for the regulation and taxation of a legal cannabis market, which is expected to launch in 2024.
Historic Moment For Cannabis Reform
The signing of the bills marks a historic moment for cannabis reform in Virginia, as it becomes the first state in the South to end cannabis prohibition. The bills were passed by the Democrat-controlled legislature in February, after months of negotiations and amendments. Youngkin, a Republican who took office in January, had expressed support for decriminalization and medical cannabis, but not full legalization. However, he decided to sign the bills after reviewing them and consulting with various stakeholders.
“I have always been opposed to the legalization of marijuana, but as governor, I have a responsibility to uphold the will of the people and respect the decisions made by the General Assembly,” Youngkin said in a statement. “After careful consideration of the bills and the input from various groups, I have decided to sign them into law, with the understanding that there will be further changes and improvements in the future.”
What The Bills Do And Don’t Do
The bills that Youngkin signed will do the following:
- Legalize the possession of up to one ounce of cannabis and the cultivation of up to four plants per household, starting from July 1, 2023.
- Create a new agency, the Virginia Cannabis Control Authority, to oversee the regulation and licensing of the cannabis industry, including retailers, cultivators, processors, and testing labs.
- Impose a 21% excise tax on cannabis sales, in addition to the existing 6% sales tax. The revenue will be allocated to various programs, such as public health, education, social equity, and substance abuse prevention and treatment.
- Establish a social equity program to provide loans, grants, and licenses to applicants who are from communities disproportionately impacted by the war on drugs, or who have a prior cannabis conviction.
- Expunge the records of people who have been convicted of simple possession or cultivation of cannabis, and seal the records of those who have been charged or arrested for such offenses.
- Allow localities to opt out of allowing cannabis businesses within their jurisdictions, or to impose additional restrictions or taxes on them.
The bills that Youngkin signed will not do the following:
- Allow the consumption of cannabis in public places, such as parks, streets, or vehicles.
- Allow the sale or transfer of cannabis between individuals, except for gifting up to one ounce of cannabis or sharing up to four plants for personal use.
- Allow the home delivery or online ordering of cannabis products.
- Allow the use of cannabis by minors, or the possession of cannabis on school grounds or in correctional facilities.
- Allow employers to discriminate against employees or applicants based on their cannabis use, unless it affects their job performance or safety.
Reactions And Expectations
The signing of the bills was welcomed by cannabis advocates, who praised Virginia for taking a bold step towards ending the failed policy of prohibition and creating a more just and equitable system.
“Virginia is now the 16th state to legalize cannabis, and the first in the South to do so. This is a huge victory for the people of Virginia, who have suffered for too long under the harms of criminalization and stigma,” said Steve Hawkins, executive director of the Marijuana Policy Project, a national advocacy group that supported the bills. “We commend Governor Youngkin for signing these bills and the legislators for passing them. We look forward to working with them to ensure a smooth and successful implementation of this historic reform.”
However, the signing of the bills also raised some concerns and questions, especially from the opponents of legalization, who warned of the potential negative consequences of allowing cannabis use and commerce in the state.
“We are deeply disappointed and concerned by Governor Youngkin’s decision to sign these bills, which will unleash a dangerous and addictive substance into our communities and put our youth and public safety at risk,” said Kevin Sabet, president of Smart Approaches to Marijuana, a national group that opposed the bills. “We urge the governor and the legislature to reconsider this reckless move and to listen to the voices of the majority of Virginians who do not want to see their state become the next pot shop of the nation.”
The signing of the bills also left some uncertainties and challenges for the future, as the state will have to work out the details and logistics of setting up a legal cannabis market, which is expected to generate over $300 million in annual revenue and create thousands of jobs.
“We are excited and optimistic about the prospects of a legal cannabis market in Virginia, but we also recognize that there is a lot of work to be done before it becomes a reality,” said Jenn Michelle Pedini, executive director of Virginia NORML, a state chapter of the National Organization for the Reform of Marijuana Laws, which advocated for the bills. “We will continue to monitor and participate in the rulemaking process and the legislative amendments, and to educate and inform the public and the stakeholders about the benefits and challenges of legalization. We hope that Virginia will serve as a model and a catalyst for other states in the region and the country to follow suit.”
