Virginia Lawmakers Approve Marijuana Sales Legalization And Resentencing Bills

Virginia lawmakers have approved a bill to legalize marijuana sales, as
well as separate legislation to provide a pathway for resentencing of past
cannabis convictions.

On Wednesday, the Assembly Appropriations Committee passed the marijuana
sales legislation from Del. Paul Krizek (D) in a 16-6 vote. This comes about
a week after a similar measure advanced through a Senate panel.

The Transportation and Public Safety Subcommittee had advanced the
legislation with an amendment earlier in the day by a 5-2 vote.

Krizek’s bill, HB 642, 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.

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.

The subcommittee on Wednesday adopted a substitute version of the bill that
changes several key details, including by adjusting tax rates and reducing
the conversion fee that current medical cannabis businesses would need to
pay in order to serve the recreational market.

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

- 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.
- There would be a six percent excise tax on the sale of marijuana
products, and they would also be subject to the state’s 5.3 percent retail
sales and use tax. Local governments could levy an additional 3.5 percent
tax.
- 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 $5 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.

Over in the Senate, a measure to legalize marijuana sales that’s being
sponsored by Sen. Lashrecse Aird (D), SB 542, moved through the Senate
Courts of Justice Committee last week. However, it was amended in a way
that drew criticism from advocates over changes that would impose new
penalties on certain cannabis-related activities such as underage
possession and unlicensed cultivation of marijuana that could carry the
threat of jail time.

A coalition of reform groups has since sent a letter to the Senate Finance
Committee, where the measure was transmitted, imploring members to roll
back those amendments.

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

Meanwhile, the Senate Finance & Appropriations Committee on Wednesday also
passed a bill, SB 62, from Sen. Louise Lucas (D) that 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 panel passed the measure in a 10-4 vote.

On the Assembly side, a companion version of the resentencing legislation, HB
26 from Del. Rozia Henson (D), advanced through the Appropriations
Committee in a 16-6 vote on Wednesday.

Earlier in the day, the General Government and Capital Outlay Subcommittee
approved the measure in a 3-1 vote.

The bill applies 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.


*— 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. —*

Separately, the Virginia Senate on Tuesday approved a bill to provide legal
protections for hospital workers to facilitate the use of medical marijuana
for patients with terminal illnesses in their facilities, so long as
cannabis is federally rescheduled.

SB 332 would build upon existing state law protecting health professionals
at hospices and nursing facilities that assist terminally ill patients in
utilizing medical cannabis treatment. Those protections would be expanded
to hospital workers.

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

The post Virginia Lawmakers Approve Marijuana Sales Legalization And
Resentencing Bills appeared first on Marijuana Moment.