Virginia Governor Set To Decide On Marijuana Bills To Legalize Sales, Address Past Convictions, Protect Consumers’ Rights And More

Virginia lawmakers passed several marijuana-related bills in the
legislative session that ended last weekend, and now Gov. Abigail
Spanberger (D) is set to decide what to do with them.

Those include measures to legalize recreational cannabis sales, provide
resentencing relief for people with past convictions, protect the parental
rights of consumers, allow patients to access medical marijuana in
hospitals, change delivery and labeling rules and provide for enforcement
against illegal sales of cannabis products.

The governor has until April 13 to sign or veto each proposal, or return it
to lawmakers with proposed amendments for them to consider. She can also
take no action and allow a bill to be enacted without her signature.

During last year’s campaign for governor, Spanberger made clear that she
supports legalizing adult-use marijuana sales, though it’s not clear if she
will request any changes to the bill lawmakers passed on that topic, and
she also not weighed in specifically on issues like cannabis consumers’
parental rights or patients’ medical access in hospitals.

*Here’s an overview of the marijuana bills the governor will decide on:*
Legalize Recreational Marijuana Sales

Personal marijuana possession and home cultivation has been legal in
Virginia since 2021, but former Gov. Glenn Youngkin (R) twice vetoed bills
to provide consumers with a way to legally purchase regulated adult-use
cannabis.

Under the marijuana sales bills set for Spanberger’s action, SB 542 from
Sen. Lashrecse Aird (D) and HB 642 from Del. Paul Krizek (D), the
recreational market could launch on January 1, 2027. The current possession
limit for cannabis would also increase.

Here are the other key details:

- 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.
- Legal sales could begin on January 1, 2027.
- There would be an excise tax of 6 percent on cannabis sales as well as
a 5.3 percent retail sales and use tax, and municipalities could set an
additional local tax of up to 3.5 percent.
- The Virginia Cannabis Control Authority would oversee licensing and
regulation of the new industry, and would also take on oversight of hemp,
which is currently under the Department of Agriculture and Consumer
Services.
- Revenue would be distributed to the Cannabis Equity Reinvestment Fund
(30 percent), early childhood education (40 percent), the Department of
Behavioral & Developmental Health Services (25 percent) and public health
initiatives (5 percent).
- 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 licensing conversion fee that is set at $10 million.
- 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.

Provide Resentencing Relief For Prior Cannabis Convictions

Additional legislation that Spanberger will decide on would allow people
who have certain marijuana convictions on their records to receive
resentencing relief.

SB 62 from Senate President Pro Tem Louise Lucas (D) and HB 26 from Rozia
Henson, Jr. (D) would create a process by which people who are incarcerated
or on community supervision for certain felony offenses involving the
possession, manufacture, selling or distribution of marijuana could receive
an automatic hearing to consider modification of their sentences.

The relief would apply to people whose convictions or adjudications are for
conduct that occurred prior to July 1, 2021, when a state law legalizing
personal possession and home cultivation of marijuana went into effect.

Similar legislation was approved by lawmakers last session but it was
vetoed by Youngkin, the former governor.
Protect Marijuana Consumers’ Parental Rights

Lawmakers also sent the governor a bill to protect the rights of parents
who use marijuana in compliance with state law.

HB 942 from De; Nadarius E. Clark (D) states that a “person’s legal
possession or consumption of substances…alone shall not serve as a basis to
restrict custody or visitation unless other facts establish that such
possession or consumption is not in the best interest of the child.”

The bill also specifies that a parent or legal guardian can’t be construed
to have failed a drug test over legal substances such as cannabis.

The bill is consistent with a measure Clark sponsored last session that
advanced through the legislature, only to be vetoed by Youngkin.
Allow Patients To Use Medical Cannabis In Hospitals

Spanberger will additionally decide on a bill to let patients use medical
marijuana in hospitals.

SB 332 from Sen. Barbara Favola (D) and HB 75 from Del. Karen Keys-Gamarra
(D) would build upon existing state law protecting health professionals at
hospices, nursing homes and assisted living facilities that aid terminally
ill patients in utilizing medical cannabis treatment from punishment by
adding hospitals to the statute.

It would also create a new working group under the Department of Health to
“discuss the implementation process for providing cannabis products to
patients within medical care facilities.”

“The work group shall assess any available federal guidance or proposed
regulations on the use of cannabis products or changes to the schedule for
cannabis products under the federal Controlled Substances Act (21 U.S.C. §
801 et seq.) as well as interaction with applicable state laws,” the bill
says.

Its members would include representatives of the Virginia Hospital & Health
Care Association and the Virginia Health Care Association, as well as
health care providers and palliative, hospice, and hospital volunteers
familiar with issues associated with providing care to individuals
experiencing chronic illness.

The legislation directs the working group to submit a report to key
legislative committees including “written guidelines for the use of medical
cannabis within medical care facilities and the safe operations of medical
care facilities” by November 1.
Clarify Medical Marijuana Delivery And Labeling Rules

Lawmakers also sent the governor a bill to allow deliveries of medical
marijuana directly to patients at locations other than their own private
residences and to update product labeling requirements so packaging would
more clearly indicate THC and CBD levels.

HB 391 from from Del. Alex Askew (D) would allow medical cannabis companies
to make deliveries to patients and caregivers at any residence—including a
temporary residences—or at business.

It would, however, restrict deliveries to military bases, child day
centers, schools, correctional facilities and the State Capitol, as well as
public gathering such as sporting events, festivals, fairs, races, concerts
and public transit terminals.

The legislation would also change rules for how THC and CBD content much be
detailed on medical cannabis product labels, and it would clarify that the
12-month product stability testing period begins on the date it is tested,
rather than the date of product registration approval.
Address Illegal Sales Of Cannabis Products

Another bill heading to the governor, SB 543 from Sen. Lashrecse Aird (D),
aims to deter the sale and production of marijuana by unlicensed
businesses—including by requiring regulators to create a decal that would
need to be prominently displayed by retailers that *are* authorized to
market marijuana products.

Failure to display the decal—or putting a falsified decal on a
storefront—would carry $10,000 penalties per day of the violation.
Regulators would also be required to post a notice and cease-and-desist
order at the store’s entryway if they’re found to be involved in illicit
marijuana sales, and removing those materials would be punishable by
additional civil fines.

The bill would also require law enforcement officers to participate in a
training course on the state’s marijuana law. State officials would
separately be tasked with convening a work group to study the market,
identifying areas for policy improvement to limit unlicensed sales and
presenting its recommendations to lawmakers.
What’s Next?

If Spanberger proposes any amendments to—or unexpectedly vetoes—any of the
bills prior to her April 13 deadline, lawmakers will have the opportunity
to address those actions when they reconvene on April 22.

For now, advocates are celebrating the advancement of cannabis reform this
year.

“Virginia already has some of the most progressive cannabis policies in the
South and Mid-Atlantic. But, elections have consequences,” JM Pedini,
development director for the advocacy group NORML and executive director
for Virginia NORML, told Marijuana Moment. “While our momentum was stalled
by the Youngkin administration, Governor Spanberger taking office has
cleared the path for continued progress.

“From adult-use retail sales and improved medical access, to parental
rights protections and resentencing for marijuana convictions, Virginians
will see many long overdue reforms finally become law with the adoption of
this slate of bills,” Pedini said.

The post Virginia Governor Set To Decide On Marijuana Bills To Legalize
Sales, Address Past Convictions, Protect Consumers’ Rights And More
appeared first on Marijuana Moment.