In the coming weeks, Virginia Gov. Glenn Youngkin (R) will decide how to respond to a handful of cannabis bills passed by lawmakers this year, including measures to legalize retail sales to adults, expand the medical marijuana system and clear past criminal records for certain cannabis-related conduct.<\/p>\n
Other lawmaker-passed proposals sent to the governor would protect parental rights of legal marijuana users and create a process for people imprisoned for cannabis crimes to have their sentences modified.<\/p>\n
Youngkin has 30 days to act on a bill once it reaches his desk. He can either sign it into law, veto it or allow it to become law without his signature. Lawmakers will reconvene on April 2 to consider overturning any vetoes.<\/p>\n
Some other drug policy bills fell short this session, including one that would have paved the way for psychedelic-assisted therapy for veterans. That measure, despite being passed unanimously by Virginia\u2019s Senate, was shelved by a legislative committee earlier this month.<\/p>\n
Yet another bill will take effect without action from the governor: a House joint resolution to re-establish a commission of lawmakers who would study and oversee the state\u2019s implementation of marijuana laws\u2014what\u2019s seen by some as an indication the legislature is intent on future action around cannabis.<\/p>\n
Legal retail sales<\/strong><\/p>\n Use, possession and limited cultivation of cannabis by adults are already legal in Virginia, the result of a Democrat-led proposal\u00a0approved by lawmakers in 2021<\/a>. But Republicans, after winning control of the House and governor\u2019s office later that year, subsequently blocked the required reenactment of a regulatory framework for retail sales. Since then, illicit stores have sprung up to meet consumer demand, feeding an illegal market that some estimates value at nearly $3 billion.<\/p>\n This year lawmakers sent Youngkin legislation that would legalize and regulate retail sales through state-licensed stores<\/a>, but it\u2019s widely expected the governor will veto that proposal. It\u2019s a repeat of a bill passed last legislative session that Youngkin rejected<\/a> at the time.<\/p>\n \u201cWe presented the exact same case for regulating and taxing an already legal product with no changes from last session,\u201d Jason Blanchette, president of the Virginia Cannabis Association, told Marijuana Moment. \u201cWe recognize that the Governor does not like cannabis, but this is his opportunity, from a public safety perspective, to be part of the solution of taking an already legal product off of the streets and putting it into small, Virginia owned and operated businesses to be able to collect major tax revenue like this state has never seen.\u201d<\/p>\n While sponsors Del. Paul Krizek (D) and Sen. Aaron Rouse (D) have said they reintroduced the bills\u2014SB 970<\/a>\u00a0and\u00a0HB 2485<\/a>\u2014because it\u2019s important to regulate the marijuana market, the Youngkin administration shows no signs of budging.<\/p>\n \u201cAt the beginning of his fourth and final General Assembly session, the governor indicated he has no interest in approving the adult-use retail bills,\u201d JM Pedini,\u00a0development director for the advocacy group NORML and executive director for Virginia NORML, said in an email to Marijuana Moment.<\/p>\n With Youngkin unable to run for re-election, his replacement is likely to decide whether regulated products will become available in the commonwealth in the next few years.<\/p>\n \u201cIf Virginians don\u2019t elect a governor in 2025 who will sign an adult-use retail measure,\u201d Pedini said, \u201cthen it\u2019s likely the next to opportunity to enact such a law will not be until 2030.\u201d<\/p>\n If the lawmaker-passed proposal were to become law, adults 21 and older could purchase up to 2.5 ounces of marijuana from stores that would be expected to open in May 2026, with sales taxed at up to 11.625 percent.<\/p>\n \u201cNot only will the taxpayers benefit,\u201d Blanchette said of the proposal, \u201cbut the public safety officials will also benefit. Their resources are exhausted, and fighting petty street crime of cannabis possession or sales is not in the cards any longer.\u201d<\/p>\n Retail cannabis commission<\/strong><\/p>\n Amid the hope that Youngkin\u2019s replacement will be more open to a commercial cannabis market, lawmakers passed HJ 497<\/a>, a joint resolution that will create a joint commission of lawmakers\u2014six from the House, four from the Senate\u2014to study the state\u2019s cannabis system, oversee the implementation of marijuana laws and make recommendations about future legislative changes.<\/p>\n An similar commission previously existed in the commonwealth, but the law creating that body sunsetted last year, and the group disbanded.<\/p>\n Krizek, who sponsored the resolution, explained to Marijuana Moment that commission members would be appointed for three-year terms and would \u201chelp usher in the retail cannabis market regulatory bill that we passed.\u201d<\/p>\n The hope is that even if Youngkin vetoes the current retail sales measure, his successor will sign the next iteration.<\/p>\n \u201cThe beauty of this bill is that it is a House Joint Resolution,\u201d Krizek wrote, \u201cand cannot be vetoed by the governor!\u201d<\/p>\n Chelsea Higgs Wise, co-founder and executive director of the group Marijuana Justice, said the resolution\u2019s adoption gives advocates better access to lawmakers \u201cleading up to the next general session to prepare for the adult-use regulation bill.\u201d<\/p>\n \u201cReestablishing the cannabis oversight commission is critical to review the concerns of all stakeholders,\u201d she said in a statement. \u201cThe commission will offer public testimony and documented discussion on the crafting of the 2026 proposal.\u201d<\/p>\n \u201cAfter pushing legislation back for years,\u201d she added, \u201cwe can deliver Virginia a regulated market with testing, guardrails and opportunity that we deserve.\u201d<\/p>\n Pedini, at NORML, said the creation of the commission is a sign lawmakers aren\u2019t giving up on trying to address the state\u2019s illicit marijuana market, even if the current governor is standing in their way.<\/p>\n \u201cThe legislature hasn\u2019t abandoned the policy priority of legalizing adult-use retail,\u201d they said. \u201cThe majority of Virginia Senators and Delegates understand the immediate need to get unregulated marijuana out of Virginia\u2019s corner stores and place it behind an age-verified counter where it can be best regulated for sale to those twenty-one and older. They also understand that this is a policy supported by a strong majority of Virginia voters.\u201d<\/p>\n Medical marijuana expansion<\/strong><\/p>\n Advocates have higher hopes that Youngkin will support a lawmaker-passed proposal to make certain adjustments to the state\u2019s medical marijuana program, for example improving product labels to more clearly indicate THC and CBD levels as well as continuing cannabis delivery to a patient or their authorized agent.<\/p>\n \u201cThis year\u2019s medical cannabis bill offers critical program improvements to ensure patient access and safety,\u201d said Pedini at Virginia NORML. \u201cIt makes clear that authorized patients will continue to receive their medical cannabis deliveries in all regions of the state and significantly improves labeling requirements, making it easier for patients to read what\u2019s in their products.\u201d<\/p>\n The measure, HB 1989<\/a>, from Del. Alex Askew (D), had strong support in both chambers, passing the Senate on a 30\u201310 vote and winning final approval in the House on an 84\u201314 margin.<\/p>\n Sealing past criminal records<\/strong><\/p>\n Lawmakers this year passed both House and Senate versions of legislation to seal a variety of criminal records, including \u201call possession of marijuana charges and convictions.\u201d<\/p>\n Broadly, the two bills\u2014HB 2723<\/a> and SB 1466<\/a>\u2014would extend a state-mandated expungement process set in 2021, giving local governments another 12 months to make required changes. The legislation would also require automatic record-sealing around non-conviction records around those cases, such as arrests or cases that are deferred or dismissed. And it would expand what records are eligible for expungement by petition.<\/p>\n Sen. Scott Surovell (D), the plan\u2019s sponsor in the House, has previously said<\/a> that the bill \u201censures that all possession of marijuana charges and convictions will actually be sealed.\u201d<\/p>\n The change has the support of the Virginia State Crime Commission, which voted last month to approve a number of recommendations related to record sealing<\/a>, including around cannabis.<\/p>\n Cannabis-related resentencing<\/strong><\/p>\n Another proposal sent by lawmakers to the governor\u2019s desk would allow people with certain felony convictions around marijuana to be resentenced, which would lead to shorter incarceration times and early release.<\/p>\n The change would apply to conduct committed prior to July 2021 for which people are still either incarcerated or under community supervision. Those individuals would receive an automatic hearing to consider adjustments to the sentence.<\/p>\n Youngkin last legislative session vetoed a similar bill to provide resentencing relief for people convicted of past cannabis crimes<\/a>, which would have required criminal cases to be resentenced by the end of 2024. People whose sentences for other crimes were enhanced because of a prior marijuana conviction, meanwhile, would had received hearings by April 1 of last year.<\/p>\n Higgs Wise, of Marijuana Justice, said that proponents of this year\u2019s bill\u2014HB 2555<\/a>, from Del. Rosia Henson (D)\u2014made some changes from last year designed to win support from the governor\u2019s office, in particular removing eligibility for people with more serious crimes on their records. Advocates are hopeful the change can help avoid another Youngkin veto.<\/p>\n Parental rights<\/strong><\/p>\n Protecting parental rights of legal cannabis users is the aim of another proposal lawmakers are again sending to Youngkin following his veto of similar legislation last year<\/a>.<\/p>\n The new bill, HB 2613<\/a>, from Del. Nadarius Clark (D) specifies that a child would not be considered abused or neglected merely because of a parent\u2019s use of marijuana. The measure would also protect parents\u2019 custody and visitation rights by prohibiting their legal use of cannabis alone from affecting those matters.<\/p>\n In his veto message last year, Youngkin wrote that \u201cthe proposed legislation, aiming to address a non-existent problem, has potential consequences that may expose children to harm.\u201d<\/p>\n Del. Rae Cousins (D), who sponsored that proposal, said in a statement after the veto that the governor was \u201cturning his back on the needs of our children and neglecting their well-being by encouraging the courts to move forward with unnecessary family separations.\u201d<\/p>\n \u201cWe have seen how this is playing out in our courts; with Black and Brown families receiving harsher mandates from our judges for legal and responsible substance use,\u201d the lawmaker said. \u201cFamily separation has devastating effects both on our communities and on the well-being of children, and by vetoing this legislation, Governor Youngkin is telling our courts that they can continue to unnecessarily tear children away from their parents.\u201d<\/p>\n Psychedelic-assisted therapy<\/strong><\/p>\n One measure that won\u2019t proceed to the governor\u2019s desk this year is SB 1101, from Sen. Ghazala Hashmi (D). That proposal would have paved the way for psychedelic-assisted therapy for veterans by establishing an advisory council to study and make recommendations about treatments involving U.S. Food and Drug Administration (FDA)-designated \u201cbreakthrough therapies,\u201d including substances such as psilocybin and MDMA.<\/p>\n As originally introduced the bill also would have created a fund to help pay for clinical trials into breakthrough therapy treatments for veterans, but a substitute adopted in a Senate committee removed references to that fund, leaving only the portion of the proposal that would create the advisory council.<\/p>\n While the bill was approved by the full Senate this session, earlier this month a House panel <\/a>unanimously <\/a>voted to set it aside indefinitely<\/a>.<\/p>\n Hashmi and supporters had said the bill would help curb what they described as a crisis in veteran\u2019s mental health in Virginia, which has a comparatively high population of military veterans.<\/p>\n \u201cOne thing that we know is that veteran suicide remains a critical crisis point, with rates significantly higher among veterans than the civilian population. Given the fact that we have such a high veteran community here in Virginia, this legislation is especially necessary,\u201d Hashmi said on the Senate floor. \u201cWhat we have seen is compelling research coming from a variety of research institutions, such as Johns Hopkins, that points to the fact that treatment through psilocybin has been effective in addressing a lot of these issues.\u201d<\/p>\n The\u00a0measure<\/a>\u00a0was an updated version of a similar proposal last year,\u00a0SB 229, that also cleared the Senate but didn\u2019t make it out of the House.<\/p>\n This story has been updated to correct a description of some of the provisions of HB 1989.<\/em><\/p>\n Top GOP Wisconsin Lawmakers Are \u2018Hopeful\u2019 A Medical Marijuana Bill Can Pass This Session<\/a><\/p>\n<\/blockquote>\n\n Photo courtesy of Philip Steffan<\/a>.<\/em><\/p>\n The post Virginia Lawmakers Send Batch Of Marijuana Bills To GOP Governor Who Previously Vetoed Legalization Of Sales<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
In the coming weeks, Virginia Gov. Glenn Youngkin (R) will decide how to respond to a handful of cannabis bills passed by lawmakers this year, including measures to legalize retail sales to adults, expand the medical marijuana system and clear past criminal records for certain cannabis-related conduct. Other lawmaker-passed proposalsContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/80377"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=80377"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/80377\/revisions"}],"predecessor-version":[{"id":80378,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/80377\/revisions\/80378"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=80377"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=80377"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=80377"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: Virginia Lawmakers Send Batch Of Marijuana Bills To GOP Governor Who Previously Vetoed Legalization Of Sales<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"