Virginia Lawmakers Approve Bill To Legalize Recreational Marijuana Sales

Virginia House lawmakers have approved a bill to legalize and regulate recreational marijuana sales—one of several cannabis reform proposals under consideration in the 2026 session.

After companion versions of the legislation advanced through a House subcommittee and a Senate committee last week, the full House General Laws Committee passed the measure from Del. Paul Krizek (D) l in a 19-2 vote on Tuesday. It next heads to the Appropriations Committee before it will potentially reach the floor.

Del. Adele McClure (D), chair of the subcommittee, said at the full panel hearing that the proposal “establishes a comprehensive regulatory framework for adult-use cannabis in the Commonwealth of Virginia, including rules for a retail market, penalties for violations, and programs to address past harms for from prohibition.”

She also briefly described changes to the bill included in a substitute version the panel approved, stating that it “increases the penalties for any illegal sales of marijuana and changes to the makeup of the board of directors of the Virginia Cannabis Control Authority.”

The bill largely aligns with recommendations released last month by the legislature’s Joint Commission to Oversee the Transition of the Commonwealth into a Cannabis Retail Market.

Since legalizing cannabis possession and home cultivation in 2021, Virginia lawmakers have worked to establish a commercial marijuana market—only to have those efforts consistently stalled under former Gov. Glenn Youngkin (R), who twice vetoed measures to enact it that were sent to his desk by the legislature.

Krizek, who chaired the joint commission that produced the regulatory recommendations, said at last week’s House subcommittee hearing that HB 642 “has had a tremendous amount of input and intent and with intention, and we hope we can process it through the finish line.”

Under the measure as approved, adult-use cannabis sales could begin on November 1. That’s shorter timeline compared to the Senate companion, which calls for sales to start on January 1, 2027.

“We are being ambitious, and we’ll see how that plays out in conference,” Krizek said.

Here are the key details of the Virginia marijuana sales legalization legislation:

• Retail sales could begin on November 1, 2026 under the House version and January 1, 2027 under the Senate bill.
• Adults would be able to purchase up to 2.5 ounces of marijuana in a single transaction, or up to an equivalent amount of other cannabis products as determined by regulators.
• The Virginia Cannabis Control Authority would oversee licensing and regulation of the new industry. Its board of directors would have the authority to control possession, sale, transportation, distribution, delivery and testing of marijuana.
• A tax of up to 12.625 percent would apply to the retail sale of any cannabis product. That would include a state retail and use tax of 1.125 percent on top of a new marijuana-specific tax of 8 percent. Local governments could levy an additional 3.5 percent.
• Tax revenue would be split between the costs of administering and enforcing the state’s marijuana system, a new Cannabis Equity Reinvestment Fund, pre-kindergarten programs, substance use disorder prevention and treatment programs and public health programs such as awareness campaigns designed to prevent drug-impaired driving and discourage underage consumption.
• Local governments could not opt out of allowing marijuana businesses to operate in their area.
• Delivery services would be allowed.
• Serving sizes would be capped at 10 milligrams THC, with no more than 100 mg THC per package.
• Existing medical cannabis operators could enter the adult-use market if they pay a $10 million licensing conversion fee.
• Cannabis businesses would have to establish labor peace agreements with workers.
• A legislative commission would be directed to study adding on-site consumption licenses and microbusiness cannabis event permits that would allow licensees to conduct sales at venues like farmers markets or pop-up locations. It would also investigate the possibility of the Virginia Alcoholic Beverage Control Authority becoming involved in marijuana regulations and enforcement.

Newly sworn-in Gov. Abigail Spanberger (D) supports legalizing adult-use marijuana sales.

“Right now is that we live in this gray space where there’s some legality to marijuana, there’s some illegality,” she said ahead of taking office. “There’s a lot of questions—a lot of confusion—and that creates real problems for Virginians who might currently have the legal ability to buy it for medicinal needs, or for those who might try to fall under the personal use.”

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Meanwhile, Virginia lawmakers have filed other marijuana-related legislation for the 2026 session, including proposals to provide resentencing relief for people convicted of past cannabis crimes and to let terminally ill patients use medical marijuana in hospitals and other healthcare facilities.

Separately, the Virginia Department of Labor and Industry recently published a new outlining workplace protections for cannabis consumers.