Sponsors of Virginia bills to legalize the sale of recreational marijuana are urging lawmakers to vote this week to reject the governor’s proposed amendments to the legislation.
Last week, Gov. Abigail Spanberger (D) He proposed changes to the measure to legalize the trade in cannabis—including delaying the start of sales by six months, increasing taxes and introducing new criminal penalties for cannabis users.
Sen. Lashrecse Aird (D) and Del. Paul Krizek (D), who sponsored the Senate and House versions, respectively, of the bill to legalize the sale of cannabis, both told Marihuana Momenti that they want their colleagues to vote against the amendments when the legislature reconvenes on Wednesday, even though that could put Spanberger’s veto at risk when the measure returns to his desk.
“While the governor and I share the goal of establishing a safe and regulated market for cannabis, we differ on the best way to achieve it,” Aird said.
“As our conversations continue, I urge the governor to reconsider provisions that reintroduce punitive measures that undermine the intent of legalization, shift critical elements of the framework to an uncertain regulatory process, and remove key supports for affected licensees.”
Krizek noted, “A few years ago the legislature took bipartisan steps to end racially discriminatory marijuana policing here in Virginia.”
“But unfortunately, and probably unintentionally, because he has not been involved in this years-long process,” he said, “the governor’s proposed amendments would repeal some of these decriminalization laws and undermine what has been a thorough, thoughtful and balanced process of crafting this legislation with community and stakeholder engagement that has brought us to this more regulated and responsive cannabis framework.”
“When we legalized cannabis, it was in recognition of the disproportionate harm caused by the war on cannabis, especially among black families,” said the House lawmaker. “This bill was intentional in recognizing that, but much of that intentionality is lost with many of the amendments.”
Krizek told WTOP radio that he expected some of the governor’s corrections after meeting with him earlier this month, but was “surprised” by others that never came up during the debate.
The lawmaker said Spanberger is concerned about the “pretty draconian penalties” suggested in the bill, adding that because it suggests a full replacement version of the legislation, rather than piecemeal amendments, the House and Senate can take up or leave the package as a whole instead of considering each change individually.
The Legislature rejects the proposal Wednesday, and after the governor vetoes the original proposal, lawmakers would have to start with new bills in the 2027 session.
Krizek said in the radio interview that he believes the governor is “very open to dialogue and compromise.”
“We can do it next session. We can pass the bill that we know he’s going to sign, and let his administration know that I’m willing to work with him and make it happen,” he said. “We’re going to keep meeting, and we’re going to take a lot of those suggestions that he has in his version, and we’re going to see what we agree on.”
As for Spanberger’s proposed criminal penalties, however, Krizek said, “I’m not very hopeful about backing down on that front, but I think it’s just a matter of negotiating with him and explaining where we are and why.”
He also told Marihuana Momenti on Tuesday that he is “hopeful that with further discussion and negotiation we can find a compromise that will maintain a balance between justice and public safety.”
A spokesman for the governor say The Richmond Times-Dispatch said it is “committed to working with patrons to end the jobs,” and sidestepped the outlet’s question about whether it would veto the original bill if lawmakers bring it back this week.
Spanberger, for his part, responded 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.
Personal marijuana possession and home cultivation have been legal in Virginia since 2021, but former Gov. Glenn Youngkin (R) twice vetoed bills to provide consumers with a way to legally purchase adult cannabis.
Here are other key details of cannabis bills:SB 542 and HB 642-Approved by the legislators and with the amendments proposed by the governor:
- Lawmakers voted to allow adults to purchase up to 2.5 ounces of marijuana in a single transaction, or up to an equivalent amount of other cannabis products specified by regulators. This represents an increase from the current legal limit of 1 ounce. The governor, however, wants to raise the amount to only 2 ounces.
- Under the Legislature’s plan, legal sales could begin on January 1, 2027, but the governor is proposing to push that back to July 1, 2027.
- Lawmakers voted to impose a 6 percent excise tax on cannabis sales and 5.3 percent on retail sales and use, while allowing municipalities to impose an additional local tax of up to 3.5 percent. The governor’s plan is largely the same, though it would raise the excise tax to 8 percent starting July 1, 2029.
- Under the legislation approved by lawmakers, the revenue would be allocated to the Cannabis Equity Reinvestment Fund (30 percent), early childhood education (40 percent), the Department of Behavioral and Developmental Health Services (25 percent) and public health initiatives (5 percent). The governor, however, wants to direct all revenue to 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.”
- The Virginia Cannabis Control Authority would oversee licensing and regulation of the new industry, and would also take over oversight of hemp, which currently falls under the Department of Agriculture and Consumer Services.
- Local governments could not allow marijuana companies 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.
- The governor is proposing to make public use of marijuana a Class 4 felony instead of a civil violation punishable by a $25 fine under current law. It also seeks to make possession of cannabis by anyone under 21 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. The illegal sale or distribution of 50 pounds or more of marijuana would be a Class 2 felony punishable by jail time.
- The governor wants to eliminate support for the Cannabis Equity Reinvestment Fund.
- Existing medical cannabis operators could enter the adult use market if they pay a license conversion fee set at $10 million.
- Cannabis businesses should implement peaceful labor agreements with their employees.
- As approved by lawmakers, the bill would have directed a legislative committee to consider adding local consumer licenses and micro-enterprise cannabis event permits that would allow licensees to hold sales at farmers markets or pop-up locations, but the governor is proposing to remove that language.
Meanwhile, Spanberger also suggested significant amendments to differentiate the legislation resentence mitigation for people with prior marijuana convictions.
Separately, the governor signed several other reform bills this week, including measures protecting the parental rights of marijuana users and giving patients access to medical cannabis in hospitals.