Five years after legalizing marijuana possession, Virginia is poised to launch regulated recreational cannabis sales under legislation approved Monday.
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Virginia lawmakers on Monday approved legislation to legalize and regulate retail sales of recreational marijuana, sending the measure to the governor’s desk for her consideration, cannabis news outlet Marijuana Moment reported. The measure, which legalizes sales of marijuana to adults aged 21 and older, was passed as part of budget package after Democratic Gov. Abigail Spanberger vetoed an earlier measure approved by state lawmakers.
Democratic Sen. Lashrecse Aird, the sponsor of the Senate version of the bill the governor vetoed, negotiated with Spanberger to hammer out the compromise legislation passed by the General Assembly on Monday.
“Today, with the passage of the biennium budget, Virginia also formally adopted its adult-use cannabis retail marketplace,” Aird told Marijuana Moment after the vote. “Countless leaders paved the way for this moment, and too many Virginians have experienced real consequences because of our delay in establishing this market. Now, that changes.”
“While our framework is not perfect, it protects consumers, supports small businesses and creates real economic opportunity,” she said. “Like the first steps we took years ago, today’s action is another milestone in a long journey as we continue to build, strengthen and support a safe, responsive and successful cannabis marketplace.”
The Virginia Senate approved the budget bill containing the cannabis retail sales regulation provisions by a vote of 213-16 on Monday. The House of Delegates also approved the legislation, voting 71-22 to send the bill to Spanberger, who is expected to sign the budget package into law.
The House sponsor of the vetoed bill, Democratic Del. Paul Krizek, said the legislature’s passage of the cannabis retail sales provisions is “a big deal, in more ways than one.”
“The language in the budget we just passed for the regulation of an adult-use retail cannabis marketplace reflects both Gov. Spanberger and the General Assembly’s shared focus on protecting consumers and children, encouraging entrepreneurs and equity, while ensuring strong penalties for bad actors, criminal organizations and illegal out of state operators,” he told the online news outlet. “Virginia has waited for this moment for more than five years, and finally can see the light at the end of the tunnel.”
Kevin Caldwell, senior manager for legislative affairs for the cannabis reform advocacy group Marijuana policy project, says the organization “was impressed to see the adult-use sales language included in the budget. Five years after possession became legal in Virginia, the patrons' persistence in pushing this across the finish line is a testament to their commitment to ending prohibition,” he writes in an email.
“Getting here required compromise,” Caldwell continues. “To address the concerns Gov. Spanberger raised in her amended version of the legislation, both sides gave ground: the governor wanted a longer runway before sales began, while the General Assembly wanted to ensure every corner of the commonwealth had access to dispensaries. Each side engaged in genuine give-and-take, with eyes fixed on the prize—finally ending prohibition in Virginia.”
However, Caldwell adds that some provisions of the approved compromise fail to address some of the harms enabled by prohibition.
“Not every compromise sits easily with us,” he writes. “The governor sought to recriminalize public consumption; the General Assembly instead agreed to a 900% increase in civil fines. That increase is troubling, but it does not take effect until July 1, 2027—giving lawmakers a full year and another legislative session to fine-tune those penalties.”
The cannabis policy reform advocate also notes what he characterizes as one “of the most important wins in this process.”
“More than one thousand Virginians remain incarcerated, on probation, or on parole for cannabis offenses that are now legal or carry far lighter penalties,” Caldwell explains. “The General Assembly fought for an automatic process to review those sentences; the governor wanted it left discretionary. The General Assembly prevailed. That victory could make Virginia's law a blueprint for any state seeking a holistic approach to undoing the systemic inequities of cannabis prohibition enforcement.”
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