Equity vs. Access: Inside the Fight Over Virginia’s New Cannabis Framework

The push for a legal cannabis market in Virginia has been a long, winding road, marked by legislative gridlock, vetoes, and competing visions for what a regulated industry should look like. Since legalizing possession and home cultivation in 2021, Virginia has been stuck in a peculiar limbo: adults can possess and grow marijuana, but there’s no legal way to buy it. After years of stalled efforts, the Joint Commission on the Future of Cannabis Sales is now finalizing a blueprint to change that, with a proposal set to be unveiled soon. But as the framework takes shape, a fierce debate has emerged over two key principles: equity and access. On one side, advocates for equity—backed by groups like the Virginia Cannabis Equity Taskforce and UFCW 400—argue that the new market must prioritize small, independent businesses, particularly those owned by Black and Brown entrepreneurs who were disproportionately harmed by the War on Drugs. They point to the state’s history of discriminatory enforcement: between 2010 and 2019, Black Virginians were 3.2 times more likely to be arrested for marijuana possession than their white counterparts, despite similar usage rates. The equity camp wants a licensing system that favors these communities, with low barriers to entry and support for local startups over corporate giants. They also support scrapping the local-opt-out clause, which could allow conservative localities to block cannabis businesses, limiting opportunities for equitable growth. On the other side, access advocates—often aligned with existing medical cannabis operators like gLeaf Medical—emphasize the need for a robust, efficient market that can meet consumer demand quickly. They argue that prioritizing equity at the expense of scale could lead to supply shortages, high prices, and a market that fails to compete with illicit dealers. gLeaf’s Richmond dispensary, one of the state’s largest, already serves thousands of medical patients, and operators like them want a framework that leverages their infrastructure to ensure a smooth rollout. They warn that overly restrictive equity measures could stifle investment and delay the market’s launch, leaving consumers with no legal options. The Joint Commission’s latest draft tries to bridge this divide. It scraps the opt-out clause, raises local tax caps from 2.5% to 3.5%, and sets an 8% state tax, with provisions to make business costs deductible despite federal prohibition. The Virginia Cannabis Control Authority’s seed-to-sale tracking system is now live, and the medical market’s $30 million in sales from July to August signals strong demand. But tensions remain. Equity advocates criticize the draft for not doing enough to prevent large operators from dominating, while access proponents say the emphasis on small businesses could fragment the market. Both sides agree on one thing: the status quo isn’t working. With Gov.-elect Abigail Spanberger pledging to sign a retail bill, the pressure is on to get it right. As Richmond resident and cannabis advocate Jamal Carter put it, “We need a market that’s fair, but it also has to function. Otherwise, we’re just legalizing frustration.”