Virginia legislature passes bill on legalizing recreational marijuana

Virginia lawmakers approved legislation to legalize marijuana for recreational use, beginning in 2024. 

Gov. Ralph Northam is expected to sign the measure, which focuses on ending inequities in the criminal justice system. Several lawmakers said they hope Northam will propose amendments to speed up legalization and strengthen the provisions to promote racial equity. 

About 15 states allow marijuana for recreational use. Virginia would be the first Southern state to do so. 

The legislation, approved by both houses of the Virginia General Assembly Feb. 27, would make possession of up to an ounce of marijuana legal on Jan. 1, 2024, the same day retail sales are allowed to begin and regulations to control the marijuana marketplace will take effect. 

Until that date, the penalty for simple possession would remain a $25 civil penalty for a first offense.

A study by a commission authorized last year by the General Assembly recommended legalization as a way to promote social justice. The study, released in November, found Blacks were three and-a-half times more likely to be arrested for marijuana possession than Whites during the period 2010-19. Blacks were convicted at a rate 3.9 times higher than Whites. 

The General Assembly will be required to vote next year on the regulatory framework. 

Several lawmakers and advocacy organizations complained the legislation doesn’t go far enough in ending disparities in the criminal justice system. Among the provisions that didn’t make into the legislation include a proposal to give formerly incarcerated individuals priority for commercial distribution licenses. 

“The Virginia General Assembly failed to legalize marijuana for racial justice,” the ACLU of Virginia tweeted. “Lawmakers paid lip service to the communities that have suffered decades of harm caused by the racist War on Drugs with legislation that falls short of equitable reform and delays justice.”

A statement by an organization called Marijuana Justice said “racial justice did not prevail as a priority . . . Instead, Virginia legislators only voted to create the infrastructure for profit, not equity in ‘legalization.’”

Thirty percent of marijuana tax revenue after program costs would be dedicated to a Cannabis Equity Reinvestment Fund to provide scholarships, workforce development, and low-interest loans for cannabis businesses in communities historically harmed by overzealous enforcement of marijuana-related crimes.

A new Cannabis Control Authority and Cannabis Equity Reinvestment Board could start work in 2021 to write regulations. The CCA would eventually be responsible for issuing licenses to retailers. 

An opt-out clause would allow localities to determine by referendum whether or not to allow retail sales.