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A new bill filed by Virginia Del. Paul Krizek would legalize and regulate recreational marijuana sales, allow retail sales starting November 1, 2026, and increase the legal adult possession limit from one ounce to 2.5 ounces. The legislation establishes the Virginia Cannabis Control Authority to oversee the taxed market, with revenue dedicated to equity, pre-kindergarten, and public health programs.

New Virginia Bill Would Legalize Recreational Marijuana Sales And Increase Possession Limit

Jan 15, 2026

Tom Angell

Marijuana Moment



A Virginia lawmaker has filed a bill that would legalize and regulate
recreational marijuana sales while also increasing the amount of cannabis
that adults can possess under the state’s current noncommercial
legalization law.

The new legislation from Del. Paul Krizek (D) is largely in line with
recommendations released last month by the legislature’s Joint Commission
to Oversee the Transition of the Commonwealth into a Cannabis Retail Market,
which the lawmaker chaired.

Since legalizing cannabis possession and home cultivation in 2021, Virginia
lawmakers have worked to establish a commercial marijuana market—only to
have those efforts consistently stalled under outgoing Gov. Glenn Youngkin
(R), who twice vetoed measures to enact it that were sent to his desk by
the legislature.

Incoming Gov.-elect Abigail Spanberger (D) supports legalizing adult-use
marijuana sales, however.

“A consumer should always know what they are buying, and so that means
strong labeling,” she said in an interview last month. “That means
understanding the strength… If you go and you buy a pack of beer, you know
what percentage alcohol that beer is, you know what proof a liquor is, so
you have an understanding of what it is that you’re actually purchasing. I
think that is extraordinarily important with all marijuana-related
products.”

Krizek’s new bill, in addition to establishing a system of licensed and
regulated businesses to cultivate, process, test and sell cannabis would
also increase the amount of marijuana that adults over 21 years of age can
legally possess from one ounce to 2.5 ounces. They could also continue to
grow up to four cannabis plants at home for personal use.

*Here are the key details of the new Virginia marijuana bill:*

- Retail sales could begin on November 1, 2026.
- Adults would be able to purchase up to 2.5 ounces of marijuana in a
single transaction, or up to an equivalent amount of other cannabis
products as determined by regulators.
- The Virginia Cannabis Control Authority would oversee licensing and
regulation of the new industry. Its board of directors would have the
authority to control possession, sale, transportation, distribution,
delivery and testing of marijuana.
- A tax of up to 11.625 percent would apply to the retail sale of any
cannabis product. That would include a state retail and use tax of 1.125
percent on top of a new marijuana-specific tax of 8 percent. Local
governments could levy an additional 3.5 percent.
- Tax revenue would be split between the costs of administering and
enforcing the state’s marijuana system, a new Cannabis Equity Reinvestment
Fund, pre-kindergarten programs, substance use disorder prevention and
treatment programs and public health programs such as awareness campaigns
designed to prevent drug-impaired driving and discourage underage
consumption.
- Local governments could not opt out of allowing marijuana businesses
to operate in their area.
- Delivery services would be allowed.
- Serving sizes would be capped at 10 milligrams THC, with no more than
100 mg THC per package.
- Existing medical cannabis operators could enter the adult-use market
if they pay a $10 million licensing conversion fee.
- Cannabis businesses would have to establish labor peace agreements
with workers.
- A legislative commission would be directed to study adding on-site
consumption licenses and microbusiness cannabis event permits that would
allow licensees to conduct sales at venues like farmers markets or pop-up
locations. It would also investigate the possibility of the Virginia
Alcoholic Beverage Control Authority becoming involved in marijuana
regulations and enforcement.

Meanwhile, Virginia lawmakers have filed other marijuana-related
legislation for the 2026 session, including proposals to provide
resentencing relief for people convicted of past cannabis crimes and to let
terminally ill patients use medical marijuana in hospitals and other
healthcare facilities.

Separately, the Virginia Department of Labor and Industry recently
published a new outlining workplace protections for cannabis consumers.

The post New Virginia Bill Would Legalize Recreational Marijuana Sales And
Increase Possession Limit appeared first on Marijuana Moment.

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