VIRGINIA — Governor Abigail Spanberger has vetoed legislation that would have established a regulated, adult-use cannabis marketplace in Virginia, a decision that is drawing sharp reactions from both sides of the marijuana policy debate.
The veto caps a lengthy and contentious legislative battle. Virginia first legalized marijuana possession for adults 21 and older in 2021, but retail sales have been blocked ever since. Most recently, Spanberger had proposed her own amendments to the legislation changes that would have pushed the start of recreational retail sales from January 2027 to July 2027 and replaced existing fines for public consumption with criminal misdemeanor charges. The legislature rejected those amendments before Spanberger ultimately vetoed the bill outright.
For cannabis policy advocates, the veto stings, especially given what Spanberger said during her campaign.
"Governor Spanberger's veto was a profound disappointment for the many Virginia voters who believed her when she said on the campaign trail that she supported establishing a regulated adult-use cannabis marketplace," said JM Pedini, development director at the National Organization for the Reform of Marijuana Laws (NORML) and executive director of Virginia NORML.
Pedini had raised concerns even before the veto, warning that the governor's earlier proposed amendments were a move in the wrong direction.
"One of the most troubling changes proposed by Governor Spanberger is instituting a slate of new marijuana crimes," Pedini said at the time, noting that the amendments would have replaced a $25 fine for public marijuana consumption with a criminal misdemeanor charge carrying the possibility of jail time.
"Her proposed new crimes would repeal the bipartisan measure that decriminalized marijuana possession way back in 2020," Pedini added.
Pedini also raised concerns about who would bear the brunt of those changes.
"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.
With the veto now in place, Pedini says the consequences extend beyond politics.
"Rather than work with the legislature, the governor dismissed their legislation in favor of her out-of-touch proposals to re-criminalize cannabis consumers, proposals that the legislature outright rejected, and rightly so," Pedini said.
Pedini argues the vetoed bill represented years of serious, collaborative work.
"This is a slap in the face to the years of serious work undertaken by Virginia lawmakers, policy experts, advocates, public health stakeholders, and regulators who spent more than half a decade researching, debating, and carefully crafting this legislation," Pedini said.
Not everyone shares that frustration.
Kevin Sabet, president and CEO of Smart Approaches to Marijuana (SAM) and a former three-time White House drug policy advisor, is calling the veto a win, and a historic one at that.
"You have a Democratic governor who basically said no to big marijuana and their industry lobbyists," Sabet said.
Sabet argues that the push for legalization was driven more by corporate interest than public good.
"The people who wanted this, they wanted this for money reasons, not even the state making money, by the way. The state will make very little money, frankly, compared to the costs. It's about corporate interests, it's about the corporatization and the commercialization of today's highly industrial potent marijuana," Sabet said.
He also pointed to what he describes as serious and growing public health concerns surrounding modern marijuana products.
"Today's marijuana is not Woodstock weed. It is so much stronger than it used to be. We're now seeing up to 99% potency in these waxes and dabs. It's causing psychosis, schizophrenia, terrible mental illness around this country," Sabet said.
Sabet noted that Spanberger's proposed amendments, which the legislature rejected, were actually modest compared to what his organization had sought, including a potency cap on cannabis products.
"She basically lowered the possession limit from 2.5 ounces to 2 ounces, the number of dispensaries from 350 to 200, increasing the excise tax very modestly, and replacing the current $25 penalty, which is really nothing for public marijuana use, to a Class 4 misdemeanor," Sabet said. "These were very modest."
For small business owners in communities like Portsmouth, the veto represents a missed economic opportunity.
Ryan Eichelberger manages The Cannabis Outlet in Portsmouth, a store that currently sells CBD products but not marijuana. He said his city is already missing out on significant tax revenue that legalization could have unlocked.
"It's a billion-dollar industry, but as far as Portsmouth goes, 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 pointed to 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.
Without a regulated marketplace, Pedini warns that the status quo poses real risks for Virginia communities.
"Now, instead of taking marijuana out of smoke shops and finally placing it behind an age-verified counter in state-licensed dispensaries, Virginians are once again being forced to tolerate yet another year of dangerous, illicit market activity in every corner of the Commonwealth," Pedini said.
"Just as before under former Governor Youngkin, unlicensed predatory operators will continue profiting off of unregulated marijuana-like products, while vulnerable youth, public health, and public safety are left unprotected," Pedini added.
The path forward remains uncertain. Pedini says there is a possibility the issue could be addressed through the state budget process. If not, Virginians will likely have to wait until the 2027 legislative session, when this issue would be taken up for the seventh consecutive year.
Sabet says his organization will continue working with lawmakers in the meantime.
"We're working the legislature very strongly and making sure they understand about the harms of today's marijuana," Sabet said. "It really, in many ways, allows us to live another day and fight another day, because we're fighting for our kids."
Governor Spanberger's press secretary previously said the governor is "committed to working together to safely and successfully create a retail marijuana market." Her office has not yet responded to a request for comment on the veto.
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