Cannabis is legal in Va., but a bill to legalize and regulate recreational sale was vetoed

Republican Gov. Glenn Youngkin vetoed bills that would have created a marketplace for recreational cannabis in Virginia on Thursday, but General Assembly Democrats aren't giving up. So, what’s next?

First, some background:

Cannabis is legal in Virginia, recreational sales are not

Virginia became the first state in the southern U.S. to legalize possession and cultivation of cannabis in 2021.

In the commonwealth, adults who are age 21 and older can possess marijuana for personal use in their home, possess marijuana in public up to one ounce, cultivate up to four plants at their primary residence and share cannabis with other adults over the age of 21 in private, according to Norml, an organization that advocates for the reform of cannabis laws. Medical cannabis patients can also purchase marijuana at medical dispensaries in the commonwealth.

There are limits to that legality, however. Like alcohol use and sales, public consumption and consumption by youths under the age of 21 are not legal in the commonwealth.

Neither is the possession with intent to distribute, possession on school grounds or on a school bus, consumption by a driver or passenger in a motor vehicle while it is being operated. Having cannabis in an open container in a vehicle is illegal as well, along with sharing or offering in public, selling or purchasing cannabis, cannabis products or seeds outside of the medical program. Gifting schemes are also prohibited – that means providing cannabis as a gift with purchase of another item, public cannabis giveaway events and paid entry consumption events are illegal.

If signed, what would the marketplace bills have done?

Two identical bills passed the General Assembly during the 2024 session, HB698 and SB448.

If Youngkin had signed them instead of issuing his veto, they would have established a framework for the creation of a recreational retail marijuana market, to be administered by the Virginia Cannabis Control Authority. The bills would have allowed the issuance of marijuana retail licenses on September 1, and retail sales would have begun on May 1, 2025.

Recreational sales would have been subject to retail taxes and would have created a new avenue for revenue in the commonwealth.

Del. Paul Krizek, the patron of the House bill and chair of the Alcoholic Beverage Control and Gaming Subcommittee, said that tax revenue would have paid for the enforcement of the cannabis system, a cannabis equity reinvestment fund, substance abuse and disorder treatment and prevention, pre-K education programs for at-risk children, public health and awareness programs, and K-12 education.

Krizek said the veto wasn’t unexpected. Youngkin had said, in the months leading up to the veto, in interviews and press gaggles, that he had no interest in signing marijuana-related legislation.

Could the General Assembly override the governor’s veto?

Lawmakers in Virginia could override the Governor’s veto during the April 17 reconvene session, when they will again meet to consider Youngkin’s actions on bills and the budget.

A two-thirds majority is needed in both chambers to override a veto from the governor. With the bills passing on party line votes in the Senate and House of Delegates, an override appears unlikely.

“We’re in a purple state right now in Virginia,” Krizek said. “We have a 51-49 Democrat to Republican in the House and 21-19 in the Senate.”

“We don’t have any wiggle room.”

Could a vote go to the public through a referendum?

Statewide issues require legislation to be enacted by the General Assembly. Voters cannot circulate petitions for any question to appear on the ballot statewide, according to the Virginia Department of Elections.

The commonwealth has a constitutional amendment process that eventually goes to the voters. That process requires a piece of legislation to be passed twice, once by two different Assemblies with an intervening election, before it can go to voters for final approval. That process circumvents the governor’s signature but it’s lengthy and a constitutional amendment is unlikely regarding retail issues.

“I can’t think of anything commercial in the constitution,” Krizek said. “I don’t think it’s one of those things that rises to a constitutional issue.”

Arguments from bill supporters, arguments from the governor

Youngkin argued that creating a market for marijuana would have endangered Virginians' health and safety and asserted that states that have legalized recreational use have seen adverse effects.

"It also does not eliminate the illegal black-market sale of cannabis, nor guarantee product safety. Addressing the inconsistencies in enforcement and regulation in Virginia’s current laws does not justify expanding access to cannabis, following the failed paths of other states and endangering Virginians’ health and safety,” he said in a statement on Thursday.

The governor asserted that other states who have legalized recreational sale of marijuana had seen adverse effects on children’s and adolescent’s health and safety, increased gang activity and violent crime, significant deterioration in mental health, decreased road safety, and significant costs associated with retail marijuana that far exceed tax revenue.

House Speaker Don Scott pushed back against Youngkin's assertion in a statement Friday.

“In Virginia, it’s a multi-billion dollar illicit market, and not legalizing it doesn’t do anything to help anyone. If we legalize adult use, we can regulate it, tax it, and keep it away from kids. It’s reckless not to create a legal market in the Commonwealth,” he said.

Krizek agreed.

“My only concern is the longer we go without this structure in place, the deeper the black market – its tentacles reach into the fabric of society, and it makes it harder,” he said. “That illicit market is hard to eradicate.”

Democratic lawmakers are not giving up. So, what’s next?

“Does this mean the governor will veto it again next year? Probably. But that’s his last year. In 19 months or so, we start with a new governor,” Krizek said. “Things don’t happen overnight and change of this nature; it takes a little while.”

This article originally appeared on Staunton News Leader: The weed wars - what's next for recreational sale in Virginia?