Virginia Lawmakers Approve Bill To Legalize Recreational Marijuana Sales

Virginia House lawmakers have approved a bill to legalize and regulate
recreational marijuana sales—one of several cannabis reform proposals under
consideration in the 2026 session.

After companion versions of the legislation advanced through a House
subcommittee and a Senate committee last week, the full House General Laws
Committee passed the measure from Del. Paul Krizek (D) l in a 19-2 vote on
Tuesday. It next heads to the Appropriations Committee before it will
potentially reach the floor.

Del. Adele McClure (D), chair of the subcommittee, said at the full panel
hearing that the proposal “establishes a comprehensive regulatory framework
for adult-use cannabis in the Commonwealth of Virginia, including rules for
a retail market, penalties for violations, and programs to address past
harms for from prohibition.”

She also briefly described changes to the bill included in a substitute
version the panel approved, stating that it “increases the penalties for
any illegal sales of marijuana and changes to the makeup of the board of
directors of the Virginia Cannabis Control Authority.”

The bill largely aligns with recommendations released last month by the
legislature’s Joint Commission to Oversee the Transition of the
Commonwealth into a Cannabis Retail Market.

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 former Gov. Glenn Youngkin
(R), who twice vetoed measures to enact it that were sent to his desk by
the legislature.

Krizek, who chaired the joint commission that produced the regulatory
recommendations, said at last week’s House subcommittee hearing that HB 642
“has had a tremendous amount of input and intent and with intention, and we
hope we can process it through the finish line.”

Under the measure as approved, adult-use cannabis sales could begin on
November 1. That’s shorter timeline compared to the Senate companion, which
calls for sales to start on January 1, 2027.

“We are being ambitious, and we’ll see how that plays out in conference,”
Krizek said.

*Here are the key details of the Virginia marijuana
sales legalization legislation:*

- Retail sales could begin on November 1, 2026 under the House version
and January 1, 2027 under the Senate bill.
- 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 12.625 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.

Newly sworn-in Gov. Abigail Spanberger (D) supports legalizing adult-use
marijuana sales.

“Right now is that we live in this gray space where there’s some legality
to marijuana, there’s some illegality,” she said ahead of taking office.
“There’s a lot of questions—a lot of confusion—and that creates real
problems for Virginians who might currently have the legal ability to buy
it for medicinal needs, or for those who might try to fall under the
personal use.”


*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*


*Learn more about our marijuana bill tracker and become a supporter on
Patreon to get access. —*

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 Virginia Lawmakers Approve Bill To Legalize Recreational Marijuana
Sales appeared first on Marijuana Moment.