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A Virginia bill setting up a regulated adult-use cannabis market advanced from the Senate Courts of Justice Committee with amendments adding harsher penalties for illegal sales, buying without a license, and underage possession. These penalties, which include a Class 1 misdemeanor for first offenses, aim to align cannabis crimes with alcohol laws and incentivize the legal market; another amendment restored the current law punishing illegal possession of over five pounds with the intent to sell.

Virginia Senate Committee Adds Harsher Penalties to Cannabis Retail Proposal

Feb 10, 2026

TG Branfalt

Ganjapreneur



The Virginia bill to set up a regulated adult-use cannabis market advanced
last week from the Senate Courts of Justice Committee with amendments from
the chair that add harsher penalties for illegal cannabis sales, buying
cannabis from someone without a retail license, and underage possession, Virginia
Public Media reports.

Senate Majority Leader Scott Surovell (D), the committee chair, argued that
cannabis-related crimes should align with those the state imposes for
alcohol, and that without penalties, there would be no incentive for people
utilize the legal market.

One amendment would impose a Class 1 misdemeanor, which carries a penalty
of up to a year in jail and a $2,500 fine, for a first conviction for
illegal sales. The penalty for that crime in the original version of the
bill imposed a Class 2 misdemeanor charge. Another amendment would impose a
Class 1 misdemeanor for buying cannabis from someone without a license and
for underage possession. Under the previous version of the bill, underage
possession only called for a $25 fine and substance abuse and cannabis
education class requirements.

Surovell said people under 21 convicted of these crimes could have the
charges deferred or dismissed, and that the aim of the harsher penalties
for youth was to draw parallels between cannabis and alcohol.

Another amendment keeps some of the state’s current cannabis laws intact –
such as illegal possession of more than five pounds of cannabis with the
intent to sell, which is punishable with between five and 30 years in
prison. That law was repealed in the original version of the legislation.

The amended version of the bill passed out of the committee.

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