Virginia: Legalization of Adult-use Marijuana to Take Effect July 1, 2021

Following today’s legislative approval of Democratic Governor Ralph Northam’s amendments to Senate Bill 1406 and House Bill 2312, Virginia becomes the first southern state to legalize the possession and use of marijuana by adults. 

Senate Bill 1406, introduced by Senator Adam Ebbin (D-30) and Senate President Pro Tempore Senator Louise Lucas (D-18), and House Bill 2312, patroned by House Majority Leader Delegate Charniele Herring (D-46), establish a statutory timeline for the legalization of the commercial marijuana market in Virginia. The measure also permits for the personal possession and cultivation of cannabis by those ages 21 or older.

Last week, Gov. Northam recommended changes to the legislation to permit the personal use provisions of the law to take effect on July 1, 2021 rather than on January 1, 2024 — the enactment date initially approved by lawmakers. Today, a majority of the legislature concurred with that change.

Therefore, beginning July 1, 2021, adults will be permitted to possess up to one ounce of marijuana and to cultivate up to four cannabis plants per household without penalty.

The timeline by which state regulators have to enact provisions licensing commercial cannabis production and sales remains July 1, 2024.

Commenting on the final passage, NORML Development Director Jenn Michelle Pedini, who also serves as the Executive Director of Virginia NORML, said: “This is an incredible victory for Virginia. Legalization will bring an end to the thousands of low-level marijuana infractions occurring annually in the Commonwealth — ending a discriminatory practice that far too often targets Virginians who are young, poor, and people of color.” 

Majority Leader Charniele Herring added: “It is a huge day for equity in the Commonwealth. Virginia is now the first state in the South to legalize recreational marijuana use, and I am so proud to have been able to carry this monumental legislation. I am ever grateful for the commitment and advocacy from NORML on this topic. Getting Virginia to this day would not have been possible without their hard work and dedication to the cause.”

Senator Adam Ebbin said: “The passage of SB1406 caps off years of struggle to reform our broken and outdated marijuana laws and begins the deliberate steps to repeal the harms of the failed prohibition. I am thankful to NORML, the Governor, and my colleagues for moving this 283 bill from inception to passage over the last four months, and look forward to continuing to partner with them to establish a regulated, equity focused, adult-use marketplace in the coming years.”

Newly released statewide polling data finds that 68 percent of registered voters in Virginia, including majorities of Democrats and Republicans, support legalizing marijuana for adults.

“Virginians were very clear that they are ready for legalization this year, sending over 8,800 emails in support of these measures,” Pedini added.

Additional amendments added by Gov. Northam will allow the sealing of records related to crimes involving the misdemeanor possession of marijuana with the intent to distribute. Those records will begin to be sealed starting on July 1, 2021. Separate legislation enacted in 2020 previously sealed records related to misdemeanor marijuana possession. 

Records specific to the simple possession of marijuana and/or misdemeanor possession with intent to distribute records will be automatically expunged no later than 2025. Those with records specific to crimes involving the felony possession of marijuana with the intent to distribute may begin to petition the courts for an expounging of their records in 2025. 

The bill also allows for the resentencing of individuals currently incarcerated for marijuana-related offenses. The measure permits these individuals to have a hearing before the court that originally sentenced them, with legal counsel provided for indigent individuals. However, this portion of the bill must be reenacted in 2022.

The legislation also establishes an independent agency, the Virginia Cannabis Control Authority, to oversee the establishment of regulations that will govern the adult-use market. This agency is set to convene this summer. The remainder of the 300-page bill, which details the regulatory and market structure and social equity provisions, is subject to a second review and vote by the Assembly next year.

“NORML worked closely with the bills’ sponsors and with the Attorney General to provide substantial amendment language to Governor Northam,” Pedini added. “While a number of important improvements were made, we’re disappointed that Virginia is not following the common-sense pathways previously established by other states that have successfully expanded from medical-use to adult-use. In the interest of public and consumer safety, Virginians 21 and older should be able to purchase retail cannabis products at the already operational dispensaries in 2021, not in 2024. Such a delay will only exacerbate the divide for equity applicants and embolden illicit activity. NORML remains dedicated to continuing to our work with lawmakers and regulators to advance legislative reforms that are most closely aligned with the views of the majority of Virginians who desire a safe, legal cannabis market.”

In recent days, Governor Northam has approved multiple medical cannabis measures permitting dispensaries to provide botanical formulations of cannabis, expanding telehealth access for patients, and protecting registered patients who use cannabis in their off-hours from discrimination in the workplace. In total, Governor Northam has approved 41 cannabis-related bills during his term.

NOTE: A final procedural vote is still pending in each chamber.

For more information, contact Jenn Michelle Pedini, NORML Development Director.