Virginia lawmakers passed several marijuana-related bills in the legislative session that ended last weekend, and now Gov. Abigail Spanberger (D) is set to decide what to do with them.
Those include measures to legalize recreational cannabis sales, provide resentencing relief for people with past convictions, protect the parental rights of consumers, allow patients to access medical marijuana in hospitals, change delivery and labeling rules and provide for enforcement against illegal sales of cannabis products.
The governor has until April 13 to sign or veto each proposal, or return it to lawmakers with proposed amendments for them to consider. She can also take no action and allow a bill to be enacted without her signature.
During last year’s campaign for governor, Spanberger made clear that she supports legalizing adult-use marijuana sales, though it’s not clear if she will request any changes to the bill lawmakers passed on that topic, and she also not weighed in specifically on issues like cannabis consumers’ parental rights or patients’ medical access in hospitals.
Here’s an overview of the marijuana bills the governor will decide on:
Legalize Recreational Marijuana Sales
Personal marijuana possession and home cultivation has been legal in Virginia since 2021, but former Gov. Glenn Youngkin (R) twice vetoed bills to provide consumers with a way to legally purchase regulated adult-use cannabis.
Under the marijuana sales bills set for Spanberger’s action, SB 542 from Sen. Lashrecse Aird (D) and HB 642 from Del. Paul Krizek (D), the recreational market could launch on January 1, 2027. The current possession limit for cannabis would also increase.
Here are the other key details:
- 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.
- Legal sales could begin on January 1, 2027.
- There would be an excise tax of 6 percent on cannabis sales as well as a 5.3 percent retail sales and use tax, and municipalities could set an additional local tax of up to 3.5 percent.
- The Virginia Cannabis Control Authority would oversee licensing and regulation of the new industry, and would also take on oversight of hemp, which is currently under the Department of Agriculture and Consumer Services.
- Revenue would be distributed to the Cannabis Equity Reinvestment Fund (30 percent), early childhood education (40 percent), the Department of Behavioral & Developmental Health Services (25 percent) and public health initiatives (5 percent).
- 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 licensing conversion fee that is set at $10 million.
- 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.
Provide Resentencing Relief For Prior Cannabis Convictions
Additional legislation that Spanberger will decide on would allow people who have certain marijuana convictions on their records to receive resentencing relief.
SB 62 from Senate President Pro Tem Louise Lucas (D) and HB 26 from Rozia Henson, Jr. (D) would create a process by which people who are incarcerated or on community supervision for certain felony offenses involving the possession, manufacture, selling or distribution of marijuana could receive an automatic hearing to consider modification of their sentences.
The relief would apply to people whose convictions or adjudications are for conduct that occurred prior to July 1, 2021, when a state law legalizing personal possession and home cultivation of marijuana went into effect.
Similar legislation was approved by lawmakers last session but it was vetoed by Youngkin, the former governor.
Protect Marijuana Consumers’ Parental Rights
Lawmakers also sent the governor a bill to protect the rights of parents who use marijuana in compliance with state law.
HB 942 from De; Nadarius E. Clark (D) states that a “person’s legal possession or consumption of substances…alone shall not serve as a basis to restrict custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child.”
The bill also specifies that a parent or legal guardian can’t be construed to have failed a drug test over legal substances such as cannabis.
The bill is consistent with a measure Clark sponsored last session that advanced through the legislature, only to be vetoed by Youngkin.
Allow Patients To Use Medical Cannabis In Hospitals
Spanberger will additionally decide on a bill to let patients use medical marijuana in hospitals.
SB 332 from Sen. Barbara Favola (D) and HB 75 from Del. Karen Keys-Gamarra (D) would build upon existing state law protecting health professionals at hospices, nursing homes and assisted living facilities that aid terminally ill patients in utilizing medical cannabis treatment from punishment by adding hospitals to the statute.
It would also create a new working group under the Department of Health to “discuss the implementation process for providing cannabis products to patients within medical care facilities.”
“The work group shall assess any available federal guidance or proposed regulations on the use of cannabis products or changes to the schedule for cannabis products under the federal Controlled Substances Act (21 U.S.C. § 801 et seq.) as well as interaction with applicable state laws,” the bill says.
Its members would include representatives of the Virginia Hospital & Health Care Association and the Virginia Health Care Association, as well as health care providers and palliative, hospice, and hospital volunteers familiar with issues associated with providing care to individuals experiencing chronic illness.
The legislation directs the working group to submit a report to key legislative committees including “written guidelines for the use of medical cannabis within medical care facilities and the safe operations of medical care facilities” by November 1.
Clarify Medical Marijuana Delivery And Labeling Rules
Lawmakers also sent the governor a bill to allow deliveries of medical marijuana directly to patients at locations other than their own private residences and to update product labeling requirements so packaging would more clearly indicate THC and CBD levels.
HB 391 from from Del. Alex Askew (D) would allow medical cannabis companies to make deliveries to patients and caregivers at any residence—including a temporary residences—or at business.
It would, however, restrict deliveries to military bases, child day centers, schools, correctional facilities and the State Capitol, as well as public gathering such as sporting events, festivals, fairs, races, concerts and public transit terminals.
The legislation would also change rules for how THC and CBD content much be detailed on medical cannabis product labels, and it would clarify that the 12-month product stability testing period begins on the date it is tested, rather than the date of product registration approval.
Address Illegal Sales Of Cannabis Products
Another bill heading to the governor, SB 543 from Sen. Lashrecse Aird (D), aims to deter the sale and production of marijuana by unlicensed businesses—including by requiring regulators to create a decal that would need to be prominently displayed by retailers that are authorized to market marijuana products.
Failure to display the decal—or putting a falsified decal on a storefront—would carry $10,000 penalties per day of the violation. Regulators would also be required to post a notice and cease-and-desist order at the store’s entryway if they’re found to be involved in illicit marijuana sales, and removing those materials would be punishable by additional civil fines.
The bill would also require law enforcement officers to participate in a training course on the state’s marijuana law. State officials would separately be tasked with convening a work group to study the market, identifying areas for policy improvement to limit unlicensed sales and presenting its recommendations to lawmakers.
What’s Next?
If Spanberger proposes any amendments to—or unexpectedly vetoes—any of the bills prior to her April 13 deadline, lawmakers will have the opportunity to address those actions when they reconvene on April 22.
For now, advocates are celebrating the advancement of cannabis reform this year.
“Virginia already has some of the most progressive cannabis policies in the South and Mid-Atlantic. But, elections have consequences,” JM Pedini, development director for the advocacy group NORML and executive director for Virginia NORML, told Marijuana Moment. “While our momentum was stalled by the Youngkin administration, Governor Spanberger taking office has cleared the path for continued progress.
“From adult-use retail sales and improved medical access, to parental rights protections and resentencing for marijuana convictions, Virginians will see many long overdue reforms finally become law with the adoption of this slate of bills,” Pedini said.
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