{"id":71545,"date":"2024-01-10T14:15:01","date_gmt":"2024-01-10T22:15:01","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/01\/10\/virginia-bills-would-legalize-recreational-marijuana-sales-in-2024-though-threat-of-governors-veto-looms-large\/"},"modified":"2024-01-10T19:46:17","modified_gmt":"2024-01-11T03:46:17","slug":"virginia-bills-would-legalize-recreational-marijuana-sales-in-2024-though-threat-of-governors-veto-looms-large","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/01\/10\/virginia-bills-would-legalize-recreational-marijuana-sales-in-2024-though-threat-of-governors-veto-looms-large\/","title":{"rendered":"Virginia Bills Would Legalize Recreational Marijuana Sales In 2024, Though Threat Of Governor\u2019s Veto Looms Large"},"content":{"rendered":"<\/p>\n

A month after Virginia Sen. Adam Ebbin (D) declared he was confident a marijuana sales bill could pass the legislature<\/a> and reach the governor\u2019s desk this year, lawmakers have officially filed legislation to make it happen.<\/p>\n

Del. Paul Krizek (D) introduced the sales legalization bill, HB 698, in the House of Delegates on Wednesday, with an identical bill from Ebbin expected to be filed in the Senate shortly. The legislation follows a proposal Ebbin put forward last session that passed the Democratic-controlled Senate but died in committee in the GOP majority House of Delegates<\/a>.<\/p>\n

Use, possession and limited personal cultivation of cannabis by adults is already legal in Virginia, the result of a Democrat-led proposal approved by lawmakers in 2021<\/a>. But Republicans, after winning control of the state House and governor\u2019s office in the 2021 elections, later blocked the required reenactment of a regulatory framework for retail sales. In the interim, the unlicensed market has expanded.<\/p>\n

But Democrats\u2019 victories last November to clinch control of both legislative chambers have some cannabis advocates hopeful that the state could enact cannabis sales provisions this year<\/a>, though the path requires building consensus among Democrats in the legislature while also passing a bill that can avoid a possible veto from Virginia Gov. Glenn Youngkin (R)\u2014or galvanizing enough lawmakers in the polarized state to overcome a veto.<\/p>\n

\u201cI just think this is a sensible approach whose time has come,\u201d Ebbin told Marijuana Moment on Wednesday, \u201cand we now have the legislative majorities to try and make it a reality.\u201d<\/p>\n

The new bill would reenact the earlier sales provisions blocked by Republicans while making a number of updates to the planned regulatory scheme.<\/p>\n

Existing medical marijuana businesses in the state would be able to begin adult-use operations on July 1 of this year, while some other businesses\u2014including microbusinesses and a small number of hemp companies\u2014could begin operation on January 1, 2025. Broader issuance of all license types wouldn\u2019t happen until July 1, 2025.<\/p>\n

Among other changes, the legislation would create a new microbusiness licensing program, which replaces past equity-licensing provisions. The microbusiness program would offer small business licenses exclusively to eligible individuals, including veterans or people in the state from areas impacted by marijuana policing historically, and would provide technical assistance and other benefits to qualifying applicants.<\/p>\n

Sales of adult-use products would be taxed at 6 percent at the state level, with local governments permitted to levy an additional tax of up to 6 percent. The proposal would also prohibit outdoor cultivation by cannabis businesses, instead requiring grows to be indoors. Products, meanwhile, would need to be sold in plain packages, free from commercial branding, trademarks and other design.<\/p>\n

Some advocates were encouraged by the revised bill\u2019s provisions, noting that the bill is shorter and more accessible than past iterations\u2014which they think is important for winning approval from lawmakers and, potentially, the governor.<\/p>\n

\u201cWhen it comes to size, readability and substance, this is a significant improvement from previous legislative efforts,\u201d said JM Pedini, development director for the advocacy group NORML and executive director of the organization\u2019s Virginia chapter.<\/p>\n

\u201cVirginians are ready for the remainder of legalization to be enacted,\u201d Pedini added, \u201cand these bills prevent a real opportunity for Democrats and Republicans to deliver just that.\u201d<\/p>\n

Others in the cannabis space, however, have already taken issue with many of the new bill\u2019s provisions, including around equity, the establishment of new criminal penalties and advantages they say the bill would give to large and existing businesses.<\/p>\n

Chelsea Higgs Wise, executive director of the group Marijuana Justice, criticized a number of elements of the bill in comments to Marijuana Moment.<\/p>\n

\u201cIt\u2019s erasing those directly impacted,\u201d she said, noting that people who were arrested or convicted on criminal cannabis charges don\u2019t qualify for any benefits under the bill. As for the microbusiness program\u2019s attempt to include equity in the proposed system, she pointed out that there\u2019s nothing to prevent regulators from granting the licenses only to military veterans instead.<\/p>\n

Letting medical marijuana businesses enter the market early, she argued, would further hamstring equity efforts by making it harder for later arrivals to establish themselves and be competitive in the market. With a licensing process still to be determined, she noted there\u2019s \u201cno guarantee of when other folks would be operational.\u201d<\/p>\n

Together, Wise said the changes amount to \u201ca stripping of the promises that were made to our communities on creating an equitable market.\u201d<\/p>\n

\u201cI\u2019m really concerned about how far we\u2019ve strayed from our original language and what we promised to the people of the commonwealth our industry would look like, how inclusive it would be, how intentional it would be\u201d Wise said. \u201cThat\u2019s why we have to stop making some of these same compromises.\u201d<\/p>\n

One thing Marijuana Justice would like to see is the removal of an opt-out provision that would let local governments ban marijuana businesses if voters approve it. That\u2019s a provision she accepted as politically necessary in past years, she said, but no longer supports.<\/p>\n

Ultimately, Wise predicts Youngkin will veto any legal sales bill passed by Democrats this year, regardless of how carefully Democrats craft the bill. \u201cIt\u2019ll be vetoed,\u201d she said repeating a prediction she made last year, \u201cbut I still think it\u2019s important that we\u2019re transparent with the constituents that voted in a new majority and what their priorities are in cannabis.\u201d<\/p>\n

Asked about a potential a veto, Ebbin replied: \u201cI\u2019m working to pass a bill. You want me to talk about hypotheticals, about what could happen if it was vetoed, when it hasn\u2019t even passed yet?\u201d<\/p>\n

Queried about how he viewed Youngkin\u2019s stance on the bill, Ebbin called it \u201can unknown.\u201d<\/p>\n

\u201cThe governor has not been very forthcoming in his views on this topic. And you know, we\u2019ll cross that bridge when it comes to it, if it does, but we do not have a veto-proof majority with this bill. Certainly not as of yet. I mean, I\u2019d love to see that, but we\u2019re working on a constructive approach to pass the marketplace bill and get it to the governor\u2019s desk.\u201d<\/p>\n

A separate bill filed Wednesday by Del. Charniele Herring (D), meanwhile, would make a number of changes to criminal penalties around marijuana, establishing some new crimes while easing others. HB 773<\/a> would also create a petition process to allow people convicted of marijuana offenses to seek resentencing hearings. Those provisions, if passed, would take effect July 1, 2025. The state\u2019s existing cannabis possession law included a separate expungements process.<\/p>\n

Ebbin\u2019s bill last year included similar resentencing provisions, but those aren\u2019t included in his current proposal. The lawmaker said he was not familiar with Herring\u2019s bill.<\/p>\n

Here are changes that would be made in Virginia under the new legal sales legislation<\/a>:<\/strong><\/p>\n