As Virginia Legalizes Cannabis, New Penalties Spark Backlash

Originally published by RVA Staff | Feb 10, 2026

Virginia’s long-running effort to build a regulated cannabis marketplace has hit a new turning point this legislative session. Since adult possession became legal in 2021, lawmakers and stakeholders have spent years negotiating a retail framework to replace the unlicensed gray market with a structured, licensed system.

Much of that work appeared to be moving forward after extended discussions with advocates, industry representatives, and legislators. But last week, State Senator Scott Surovell, chair of the Senate Courts of Justice Committee, introduced a series of surprise amendments to SB542 that shifted key provisions and expanded penalties for unlicensed cannabis activity. Surovell argued that cannabis-related crimes should align more closely with existing alcohol laws and that without meaningful penalties there would be little incentive for people to enter the legal retail market.

The changes sparked debate in committee. The bill’s original patron, State Senator Lashrecse Aird, said the amendments moved the proposal in the opposite direction of the Democrats’ earlier goals to address racial disparities in marijuana arrests and to expand opportunities for people with prior cannabis convictions. “It takes us backwards,” Aird said during a hearing, noting that years of negotiations had been upended by amendments introduced on the fly.

Some Republican lawmakers also expressed confusion about the revised language. State Senator Mark Peake said that while the goal was to finalize a plan, the committee’s changes would still criminalize people in certain communities who sell marijuana without a license and subject them to felony penalties, outcomes he said lawmakers had aimed to avoid when legalization passed five years ago.

Under the amended framework, cannabis is legal only when produced, sold, and purchased through an approved license. Activity outside that system remains illegal, and in some cases now carries penalties elevated to match those already on the books for alcohol offenses. Supporters of the changes say penalties are necessary to encourage participation in the legal market, while critics contend the amendments complicate the larger goal of creating an equitable, balanced regulatory structure.

It is within this context, after surprise committee action and ongoing disagreement among lawmakers, that a coalition of advocacy organizations, led by Marijuana Justice, submitted a formal statement to the Senate Finance Committee. Below is that statement in full.

Full Statement from Marijuana Justice and Coalition Partners
February 9, 2026

Dear Senate Finance Committee Member,

We, the undersigned organizations, write to urge you to reject the punitive amendments added to SB542 in the Senate Courts of Justice Committee, and restore the intent of the bill, and the will of the people, to focus on responsible regulations, not further criminalization.

On February 4, 2026, SB542, a bill to propose a retail adult use market, was presented by Senator Aird. Chairman of Senate Courts, Senator Surovell of Fairfax County, pushed forward a series of amendments, with little notice to the patron or members of the committee. Senator Surovell’s amendments are an attempt to unravel Virginia’s commitment to undoing the harms of the War on Drugs, despite clear findings from the Joint Legislative Audit & Review Commission that Black Virginians were disproportionately harmed by marijuana enforcement. The amendments passed the Senate Courts of Justice Committee on a 9–6 vote.

During the bill hearing, Senator Aird explicitly identified these amendments as unfriendly and inconsistent with the purpose and intent of SB542. Several members of the committee, both Republican and Democrat, also identified the amendments as problematic, confusing, and in direct conflict with the intent of legalization. Cannabis should not be treated the same as alcohol, including penalties.

Here is what the amendments do:

Increase penalties for consumers (minors and adults) purchasing from unlicensed sellers by:

Increasing the penalty from a Class 2 to a Class 1 misdemeanor

Revoking driving privileges for individuals 18 and older for six months to one year

Recriminalize youth under 21 possession of marijuana, aligning penalties with adults and limiting resources offered to youth, including:

Being found guilty of a Class 1 misdemeanor

Imposing a mandatory minimum fine of $500 or a mandatory minimum of 50 hours of community service

Excluding minors from possessing a restricted driver’s license

Recriminalize distribution by:

Increasing the penalty for illegal sale of any amount from a Class 2 misdemeanor to a Class 1 misdemeanor

Requiring a second offense to carry no less than 30 days in jail, which cannot be suspended
Classifying one to five pounds or unlicensed packaging as a Class 5 felony

Imposing five to thirty years of incarceration for more than five pounds for illegal distribution or manufacture

Increase penalties for illegal cultivation, raising them from a Class 6 felony to a felony punishable by five to thirty years in prison and fines up to $10,000

Recriminalize transporting cannabis across state lines with intent to distribute as a felony punishable by five to forty years of incarceration and no less than $1,000,000 in fees, with a mandatory minimum ten-year sentence for a second offense
Our request is clear.

We are demanding that members of the Senate Finance Committee remove these amendments in their entirety and prioritize legalizing cannabis the right way.

By signing this letter, organizations are not endorsing the retail bill itself, but are opposing Senator Surovell’s harmful amendments, which will undoubtedly inflict disproportionate harm on Black people, people of color, and low-income Virginians while further criminalizing our communities.

Sincerely,

Cannabis Small Business Association (CSBA)
Legal Aid Justice Center
UFCW Local 400
Parabola Center
Virginia Student Power Network (VSPN)
The Hemp Spectrum
Virginia Cannabis Association (VCA)
Drug Policy Alliance
Purpose Wellness & Recreation
Justice Forward Virginia
Neighborhood Resource Center
Nolef Turns Inc.
That Dope Coach
New Virginia Majority
Last Prisoner Project
The Hyena Club
Cannabis Regulators of Color Coalition (CRCC)
iComply
DACO (Diasporic Alliance for Cannabis Opportunities)
Mello Tymes
Climate Reality Project – New Jersey
Minorities for Medical Marijuana (M4MM)
Indigenous Cannabis Industry Association (ICIA)