Governor Abigail Spanberger, along with members of Virginia’s House and Senate, announced a retail marijuana market compromise for the Commonwealth Tuesday. Advocates for legalization are mostly pleased with the results.
“We have agreed to a proposal that will create a safe, legal and well-regulated cannabis market here in the Commonwealth of Virginia,” Spanberger, who vetoed an earlier version of a legal weed market bill, said Tuesday morning announcing a compromise with the House and Senate.
While a version of the measure isn't public yet, details include starting the market next summer and a state-level sales tax at 6%, before jumping to 8% in 2029. That revenue goes into the state's general fund, however its earmarked for K-12 and early childhood education, substance abuse treatment and public health campaigns. Localities can add another few percentage point tax as well. A total of 350 retail licenses will be given out, but over time and some will be reserved for an equity program to benefit those previously harmed by marijuana enforcement.
And while advocates are generally pleased with the final version of the effort, including rolling back some criminal penalties Spanberger sought, they’re still concerned about a $250 civil fine for public consumption considering the history of perceived racist enforcement.
“And that’s what we’ll see here, selective enforcement on the backs of Black Virginians,” Chelsea Higgs Wise with Marijuana Justice told Radio IQ.
Still, Higgs Wise and her compatriots are happy with much of the compromise.
"We are encouraged to see leaders reach a workable compromise and this is a meaningful step forward for Virginia," she said, noting the framework "helps advance equity rather than undermine it."
"Overall, we are extremely pleased to see how the administration has met our values," Higgs Wise added.
As for the penalty, conversations with several people close to the criminal process compared it to a red-light ticket, saying the dollar amount and civil nature of the offense means it’s unlikely to get enforced frequently. One source told Radio IQ such cases would, "sleepwalk its way through the system,” and could end with a judge throwing the entire charge out.
Hanover County Republican Senator Ryan McDougle, who voted against the retail market, said local prosecutors are already under-resourced, "so, why would they go after a civil penalty?”
And Democratic Senator Lashrecse Aird of Petersburg, one of the negotiators on the deal, stressed the penalty wouldn’t kick in until next summer, after the next legislative session when more changes could be made.
“That leaves us an opportunity to continue to assess what type of impact that could have. And give us enough cushion to pivot, if necessary,” Aird said.
In order for the compromise to go into effect the Governor and both chambers must first agree on a budget. That deadline is July 1. If the compromise is included marijuana retail would start in July 2027.
