The march to legalize the sale of recreational marijuana in Virginia continues, with the full House of Representatives and a Senate committee advancing a pair of bills to create a regulated adult cannabis market in the commonwealth.

The House on Tuesday approved the second reading of the cannabis sale bill passed by the Senate, giving it the chance to pass it definitively in the chamber. Earlier, a House measure moved through the Senate Finance and Appropriations Committee on a 10-5 vote, sending the measure back to the floor for consideration.

Both chambers’ marijuana-sale proposals aim to give adults a legal way to buy cannabis, legalizing both state possession and home cultivation in 2021, though there are key differences between them.

Bicameral measures—HB 642 and SB 542—Recently changed to allow micro business licensees to cultivate, process or conduct retail sales at two locations instead of one, as long as they are within 10 miles of each other and operate under common ownership and control.

Lawmakers also revised the legislation to clarify that current medical cannabis businesses would only be able to grow cannabis indoors, including in secure greenhouses with a total hood of 70,000 square feet. The amendments also would not allow additional marijuana licenses with “dual-use privileges” beyond medical licenses.

Finally, the measure’s conversion fee structure was revised to pay current medical marijuana companies the privilege of dividing the adult-use market into three parts.

There are some key differences between the House bills that still need to be ironed out — related to the start date of legal sales and cannabis tax rates — before a final product can be delivered to the governor’s desk.

Here are the key details of Virginia’s marijuana sales legalization legislation, SB 542 and HB 642:

• 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 House bill sets a statewide sales date of Nov. 1, 2026, while the Senate measure would allow it to begin on Jan. 1, 2027.
• The Senate bill would impose a 12.875 percent excise tax on cannabis products, in addition to a 1.125 percent state sales tax and a mandatory 3 percent local tax. The House measure would apply a 6 percent excise tax, as well as a 5.3 percent retail sales and use tax, allowing municipalities to impose a 3.5 percent local tax.
• Under the House bill, the Virginia Cannabis Control Authority would oversee licensing and regulation of the new industry, while the Senate legislation calls for a new combined Alcoholic Beverage and Cannabis Control Authority.
• The House bill calls for the proceeds to be allocated to a new Cannabis Equity Reinvestment Fund (60 percent), early childhood education (10 percent), the Department of Behavioral and Developmental Health Services (25 percent) and public health initiatives (5 percent). The Senate proposal, on the other hand, would put 30 percent into the capital reinvestment fund, 40 percent for early childhood education, 25 percent for the department of behavioral and developmental health services and 5 percent for public health initiatives.
• 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.
• Existing medical cannabis operators could enter the adult-use market if they pay a license conversion fee set at $15 million in the Senate bill and $10 million in the House measure.
• 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. The Virginia Alcoholic Beverage Control Authority would also investigate the possibility of involvement in marijuana regulation and enforcement.

Both the Virginia House and Senate Last month, he took action on multiple marijuana bills during a major deadline—accept proposals to legalize the sale of cannabis, provide a way to punish previous marijuana convictions and allow access to medical cannabis for seriously ill patients in hospitals.

As for the Senate marijuana sales bill, members recently clashed in committee over amendments to the body version that would add new penalties for illegal cannabis activity.

The amendments in the Judiciary Committee’s case included penalties for consumers who purchase from unlicensed sources, recriminalizing possession and sale of cannabis by those under 21, making it a Class 1 felony for a first offense and a felony punishable by a mandatory prison sentence for a second offense. As revised, the bill would also increase the penalty for unlicensed cultivation to a felony with up to five years in prison and make it a felony to transport cannabis with the intent to distribute it across state lines.

But the Finance and Appropriations Committee backed down the amendments last month, sending a letter to senators under pressure from a coalition of advocacy groups. saying that they undermined the “intent” of the legislation and “the will of the people” by adding criminal penalties to certain cannabis-related activities.

In general, both chambers’ commercial sales bills have largely aligned with recommendations released by the legislature in December. Joint Committee to Oversee the Transition to the Commonwealth Retail Cannabis Market.

Meanwhile, some members of the GOP have aligned ideologically with their Democratic colleagues throughout this legislative process, breaking with the majority of their caucus. in favor of creating a regulated market for adults to buy cannabis.

Since legalizing cannabis ownership and home cultivation in 2021, Virginia lawmakers have been working to establish a commercial marijuana market– Only for those efforts to stall under former Gov. Glenn Youngkin (R), who twice vetoed measures sent to his desk by the Legislature.

Governor Abigail Spanberger (D), for her part, supports legalizing the sale of marijuana to adults..

Meanwhile, members of the Virginia House and Senate advanced a pair of bills Monday, with amendments that provide a pathway to resentencing for people with prior marijuana convictions.

Members of the Senate and House Judiciary Committees approved alternate versions of the opposite chamber’s reform bill on Monday, setting the stage for bicameral negotiations as the measures move through the legislative process.

Legislation introduced in both chambers would create a process to consider changing the sentences under which people incarcerated or on community custody for certain felonies involving the possession, manufacture, sale or distribution of marijuana could receive an automatic trial.

Separately last month, the Virginia House patients passed a bill to allow the use of medical marijuana in hospitals. It would require health care facilities to implement policies “to address the situation in which an eligible patient is authorized to use medical cannabis.”

The Senate passed various pieces of legislation use of medical cannabis in healthcare facilities last month

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Meanwhile, the Virginia House passed the bill earlier this month Protecting the rights of parents who use marijuana by complying with state laws.

Del. According to the proposal by Nadarius Clark (D), a parent or guardian’s own use of cannabis “shall not serve as a basis for a finding of abuse or neglect of a child unless other facts establish that its possession or consumption causes or produces physical or mental injury to the child.”

“A person’s legal possession or consumption of substances permitted (under state marijuana law) shall not serve as a basis for limiting custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child,” reads the text of HB 942.

Separately, the Virginia Department of Labor and Industry has published a new defining workplace protections for cannabis users.

Photo by Chris Wallis // Side Pocket Images.