PORTSMOUTH, Va. — Virginia’s cannabis laws are at a critical crossroads as Governor Abigail Spanberger proposes delaying the start of recreational retail sales and introducing new criminal charges for public consumption.
Virginia first legalized marijuana possession for adults aged 21 and older in 2021, but retail sales have been blocked ever since. Spanberger's proposed amendments would push the start date for recreational retail sales from January 2027 to July 2027.
"The General Assembly has been leading on marijuana legalization for years, and Governor Spanberger is committed to working together to safety and successfully create a retail marijuana market," Spanberger's press secretary said.
However, the proposed changes are facing pushback from cannabis policy advocates.
JM Pedini serves as the development director at the National Organization for the Reform of Marijuana Laws (NORML). They are also the executive director of the Virginia NORML chapter, a non-profit aimed at reforming marijuana laws. Pedini said the governor's amendments would replace existing fines with criminal charges.
"One of the most troubling changes proposed by Governor Spanberger is instituting a slate of new marijuana crimes," Pedini said.
Currently, smoking marijuana in public is subject to a $25 fine for adults over 21. Under the governor's proposal, that same act could result in a criminal misdemeanor charge, which carries the possibility of jail time.
"Her proposed new crimes would repeal the bipartisan measure that decriminalized marijuana possession way back in 2020," Pedini said.
Pedini added that the proposal would keep marijuana in the hands of the unregulated market instead of placing it behind an age-verified counter where the state can reap tax benefits.
"As a cannabis policy expert, I can tell you that these amendments would not improve public safety, but what they would do is disproportionately impact Black, brown, and young Virginians in every community in the Commonwealth," Pedini said.
In Portsmouth, Ryan Eichelberger manages The Cannabis Outlet, a store that currently sells CBD products like extracts, flower, and vapes, but not marijuana. He said the city is already missing out on major tax revenue, and legalization could change that.
"It's a billion-dollar industry, but as far as Portsmouth go, they can bring a lot of revenue to the neighborhood, you know what I mean, you can get rid of some of these tolls," Eichelberger said.
Eichelberger also noted the potential health benefits for the community.
"Some people need it for health-wise too, so as far as health and bringing revenue to the community, I think that's the two top things that's most important," Eichelberger said.
During her campaign for governor, Spanberger indicated her support for taking marijuana off the street corner and putting it behind an age-verified counter.
The legislature is expected to vote on the governor's amendments on Wednesday. Pedini noted that legislators have indicated they are not supportive of the substitute.
If the legislature rejects the amendments, Spanberger will have 30 days to decide whether to accept the legislature's version of the bill or veto it altogether.
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