The Virginia House and Senate have approved different versions of bills that would legalize the adult use of cannabis in the state, but they have also agreed to work out their differences and send a final bill to the governor’s desk.
House and Senate Bills Differ on Key Issues
The House of Delegates passed its version of the cannabis legalization bill, HB 2312, on Friday by a vote of 55-42. The Senate passed its version, SB 1406, on Saturday by a vote of 23-15. Both bills would allow adults 21 and older to possess up to an ounce of cannabis and grow up to four plants per household, starting in July 2024. They would also create a new agency, the Virginia Cannabis Control Authority, to regulate the cultivation, processing, testing, and retail sale of cannabis products.
However, the two bills differ on several key issues, such as how to allocate the tax revenue from cannabis sales, how to address social equity and criminal justice reform, and how to deal with local opt-out provisions. Some of the main differences are:
- The House bill would impose a 21% excise tax on cannabis sales, in addition to the existing 6% sales tax, and allow localities to add another 3% tax. The Senate bill would impose a 21% excise tax and a 2.5% local tax, but would also allow localities to share in the state’s portion of the revenue.
- The House bill would dedicate 70% of the cannabis revenue to fund pre-K education, 20% to substance abuse prevention and treatment, and 10% to public health initiatives. The Senate bill would dedicate 40% of the revenue to pre-K education, 30% to a Cannabis Equity Reinvestment Fund, 25% to substance abuse prevention and treatment, and 5% to public health initiatives.
- The House bill would automatically expunge past convictions for simple possession of cannabis, and allow people to petition for expungement of other cannabis-related offenses. The Senate bill would require the state to study the feasibility and cost of expunging past convictions, and report back by November 2024.
- The House bill would allow localities to ban cannabis businesses from operating within their jurisdictions, unless a majority of voters approve them in a local referendum. The Senate bill would allow localities to opt out of allowing cannabis businesses, but only by passing an ordinance by December 2024.
Lawmakers Aim to Reach a Compromise by March
The House and Senate have agreed to form a conference committee, composed of members from both chambers, to reconcile their differences and produce a final bill that can pass both houses and be signed by the governor. The committee is expected to meet in the coming weeks and reach a compromise by early March, before the end of the legislative session.
Both bills have the support of Governor Ralph Northam, who has made cannabis legalization a priority for his administration. In a statement on Saturday, he praised the lawmakers for their progress and urged them to finalize the legislation as soon as possible.
“I applaud the General Assembly for their work on this important issue, and I thank the advocates and Virginians who have made their voices heard,” he said. “I look forward to working with the conferees to finalize a bill that legalizes marijuana equitably, provides economic opportunity for Virginians, and restores justice for those who have been disproportionately impacted by the failed War on Drugs.”
Virginia Could Become the First Southern State to Legalize Cannabis
If the Virginia legislature passes a cannabis legalization bill and the governor signs it into law, Virginia would become the first Southern state and the 16th state in the nation to legalize the adult use of cannabis. According to a recent poll by the Wason Center for Civic Leadership at Christopher Newport University, 68% of Virginia voters support legalizing cannabis for recreational use.
Virginia has already taken steps to reform its cannabis laws in recent years. In 2020, the state decriminalized the possession of up to an ounce of cannabis, reducing the penalty from a criminal offense to a civil fine of $25. In 2021, the state expanded its medical cannabis program, allowing patients to access cannabis products from licensed dispensaries.
Legalization advocates have praised Virginia for its efforts, but have also urged lawmakers to ensure that the final bill addresses the racial and social inequities caused by cannabis prohibition. According to a report by the ACLU of Virginia, Black Virginians are more than three times as likely to be arrested for cannabis possession as white Virginians, despite similar rates of use.
“We are thrilled that the legislature is moving forward with cannabis legalization, but we want to make sure that it is done right,” said Jenn Michelle Pedini, the executive director of Virginia NORML, the state chapter of the National Organization for the Reform of Marijuana Laws. “We need a bill that prioritizes social equity, racial justice, and public health, and that creates a legal market that is diverse, inclusive, and accessible for all Virginians.”
