Virginia’s governor has proposed changes to the budget legislation passed by lawmakers this week, but those changes do not include changes to provisions to legalize the sale of recreational marijuana.
They have also failed to respond to the concerns of advocates who called for a section to be dropped significantly increase the penalties for public consumption of cannabis– as they say, according to the new state data obtained, it will be established in a discriminatory race.
Virginia Governor Abigail Spanberger (D) sent her proposed budget amendments to lawmakers on Friday, which will require the House and Senate to reconvene before enacting the general legislation and its marijuana provisions before the July 1 budget deadline. Lawmakers hope to do so on Monday.
Budget project approved by the Parliament It has provisions that allow for the legalization of the sale of recreational marijuana— but the current $25 fine for using cannabis in a public place would also rise 900 percent to $250 — an increase that advocates call a “poverty penalty.”
A coalition of advocacy groups led by Marijuana Justice this week released new enforcement statistics obtained through Virginia’s Freedom of Information Act (FOIA) that show that “legalization has not ended racially biased marijuana policing.”
Analysis of state data shows that since the commercial legalization of cannabis took effect in Virginia in 2021, 185 whites and 179 blacks have been charged with public consumption, meaning that, based on the state’s population, blacks are three times more likely than whites to face such marijuana charges.
Spanberger did not change the penalty increase in the proposed amendments, and he did not suggest any changes to the marijuana section of the bill.
Marijuana Justice and the ACLU of Virginia, the National Organization for Marijuana Law Reform, the Marijuana Policy Project, the Drug Policy Alliance and the Latino Cannabis Alliance, among others, recently sent a letter. asking lawmakers and the governor not to increase the punishment for cannabis“saying it will deepen racial and economic inequality.”
“Increased fines and penalties for low-level marijuana offenses are not neutral,” the organizations wrote in a letter to Spanberger and lawmakers. “They are imposed disproportionately against black and brown communities, create unaffordable debt for low-income people, and can cause significant damage to immigration, housing, education and employment.”
Spanberger last month vetoed an earlier measure to legalize the sale of recreational cannabis, after lawmakers rejected proposed amendments to the plan. Later, with Sen. Lashrecse Aird (D) and Del. He negotiated a deal with Sen. Paul Krizek (D), who sponsored the previous measure, that was included in the budget legislation passed this week.
The new plan differs significantly from the previous legislation in several ways.
For example, it sets the start date for the sale of recreational marijuana to July 1, 2027, compared to the Jan. 1 date proposed by Spanberger and passed by lawmakers.
It also limits public possession and purchase of marijuana to 2 ounces per transaction, above the legal limit of one ounce. Legislation approved by lawmakers earlier this year would allow adults to have 2.5 ounces.
The bill also gives Spanberger language to raise the tax on marijuana from 6 percent to 8 percent after two years of legal sales.
As a compromise, the new deal would punish public marijuana use with a civil penalty of $250, a significant increase from the current law’s $25, but harsher than the Class 4 felony called for in the governor’s proposed changes to the previous bill.
Legislators In March he approved the initial bills for the sale of cannabisbut the governor then proposed changes to the legalization proposal—including delaying the start of sales by six months, increasing taxes and introducing new criminal penalties for cannabis users. The the April legislature refused to adopt the amendments when reassembled in a one-day session, however, effectively excluding them. Spanberger then vetoed it.
Spanberger said this month that he was “Really productive” and “incredible” conversations with lawmakers about working on a compromise approach to legalizing the sale of adult cannabisand Marihuana Moment reported on the ongoing talks.
The governor, on the other hand, has tried to explain his veto publicly, including saying that it is his opinion. “Taking a bit longer” to get to market is not something he sees as a “negative”. because getting the details right is more important than getting it done quickly.
A recent survey found that A bipartisan majority of Virginia voters wanted Spanberger to sign the cannabis legislation become law, and that they did not particularly agree with the desire to slow down the period for the launch of legal sales.
The governor recently acknowledged this in a separate interview “A lot of people are not happy” with the veto of cannabis legislation. “Friends and family are also upset,” he said.
Spanberger has answered it repeatedly Criticism of the cannabis amendments from bill sponsors and advocates saying that the suggested changes came after him He spoke with leaders of other states that have already established adult marijuana markets.
However, a spokesman for Spanberger declined to name any other governors who spoke about cannabis in response to a question from Marihuana Moment.
The governor tried to explain his veto in a previous interview, reiterating that he supports the launch of a legal cannabis market but worried about what he called a “fast-track timeline” and “a lot more stores across Virginia” than he thought were appropriate.
Personal possession of marijuana and growing marijuana at home has been legal in Virginia since 2021, but then the govt. Glenn Youngkin (R) twice vetoed bills to provide consumers with a way to legally purchase adult cannabis.
Here are the key details of the new cannabis plan the budget and how it compares to the legislation Spanberger vetoed…SB 542 and HB 642-Also the previously proposed changes to these measures:
- Adults would be able to purchase up to 2 ounces of marijuana in a single transaction, or up to an equivalent amount of other cannabis products, as determined by regulators. That would mean going over the current legal limit of 1 ounce. Lawmakers previously proposed setting the limit at 2.5 ounces, and the governor wanted only 2 ounces.
- Legal sales can begin on July 1, 2027. Lawmakers had previously set a date of Jan. 1, 2027, but the governor wanted to push it back to July 1.
- A 6 percent excise tax would be imposed on the sale of cannabis, as well as 5.3 percent on retail sales and use, and municipalities would impose an additional local tax of up to 3.5 percent. Starting July 1, 2029, the state excise tax would increase to 8 percent, in line with the governor’s previously proposed amendments.
- Proceeds would be distributed to the Cannabis Equity Reinvestment Fund, early childhood education, the Department of Behavioral and Developmental Health Services and public health initiatives. The measure previously approved by lawmakers would have allocated specific percentages to each, but the new language does not specify what share of the revenue will go to each program. The governor, in his amendments, wanted to put all revenue into the general fund “for purposes such as early childhood education, behavioral health, public health awareness, prevention, treatment and recovery services, workforce development, reentry, indigent criminal defense and targeted reinvestment in historically disadvantaged communities.” His amendment also sought to eliminate support for the Cannabis Equity Reinvestment Fund.
- The Virginia Cannabis Control Authority will oversee licensing and regulation of the new industry, and will also take over oversight of hemp, which falls under the Department of Agriculture and Consumer Services. A five-member board of directors appointed by the governor would lead the body, and the bill previously approved by lawmakers called for a seven-member body, four appointed by the governor, two appointed by the Speaker of the House and one appointed by the Senate Rules Committee.
- The definition of what constitutes a legal hemp product would be narrowed by removing a provision that contains more than 2 milligrams of total THC per package if they contain a CBD to THC ratio of 25:1 or greater.
- 350 retail marijuana shops would be allowed to operate statewide, the same number approved by lawmakers and more than the 200 proposed by the governor.
- Local governments should not allow marijuana businesses to operate in their area.
- Delivery services would be allowed.
- Serving sizes would be limited to 10 milligrams of THC, with no more than 100 mg of THC per package.
- Public use of marijuana would be a civil violation punishable by a $250 fine. That’s ten times the $25 fine under current law, but more severe than the governor’s proposed Class 4 felony. Possession of cannabis by anyone under 21 would be subject to a $25 fine and mandatory participation in a substance abuse treatment or education program or both. The governor suggested treating possession by minors as a Class 1 felony, punishable by a mandatory minimum fine of $500 or 50 hours of community service, as well as a driver’s license suspension of at least six months.
- Existing medical cannabis operators could enter the adult-use market if they pay a $10 million license conversion fee.
- Cannabis businesses should implement peaceful labor agreements with their employees.
- A legislative committee would direct the addition of local consumer licenses and micro-enterprise cannabis event permits that would allow licensees to hold sales at farmers markets or pop-up locations. This provision was also included in the legislation approved by the former legislators, but the governor proposed to delete it.