Fairfax County local news
Gov. Abigail Spanberger (D) has proposed amendments to marijuana legislation that include delaying the launch of a recreational sales marketplace for adults.
The governor’s substitute for HB 642 and SB 542 would move the start of the legal retail market for marijuana from Jan. 1 to July, 1, 2027. It also changes marijuana possession limit from 2.5 to 2 ounces — still up from the current 1-ounce possession limit — and reduced the number of permitted stores from 350 to 200 until Jan. 1, 2029.
Other changes involve new or harsher penalties for marijuana-related violations. The substitute proposes a Class 2 felony for transporting over 50 pounds of marijuana into Virginia, which can be punishable by 20 years to life in prison. It classifies underage possession as a Class 1 misdemeanor with higher fines, community service and driver’s license suspension.
For public consumption, the penalty would increase from a $25 civil fine in the General Assembly’s version to a Class 4 misdemeanor with a fine up to $250. Escalating penalties are proposed for possession based on plant count, along with a new provision for conspiracy.
Another adjustment proposed by Spanberger is increasing the state’s 6% cannabis tax rate to 8% on July 1, 2029. It retains the local authority to charge an additional 1 to 3.5% tax.
Spanberger also proposes eliminating specific allocations for cannabis tax revenue — which would’ve included 40% for early childhood care and education and 30% for a Cannabis Equity Reinvestment Fund — as well as state support for small businesses entering the marijuana marketplace.
“We are working to set up a marketplace that is controlled, regulated, and responsible — because legal markets only succeed when there are clear guardrails and enforcement to back it up,” Spanberger said in a release. “To keep our next generation safe, we must also ensure real consequences for vape shops that have spent years targeting Virginia’s kids. We need to rein in these shady businesses and make sure a legal marijuana market does not make the problem worse.”
The bills’ sponsors, Del. Paul Krizek (D-16), who represents areas of Mount Vernon and Franconia in Fairfax County, and state Sen. Lashrecse Aird (D-13), said Spanberger’s substitute “has amendments we could accept” but falls short of the original bill’s intent.
“The proposal creates a less accessible legal marketplace,” Krizek said. “These changes reduce the number of available licenses, delay the launch of retail sales and impose high barriers to entry, resulting in revenue losses, delayed economic opportunity for marketplace participants and the elimination of investment to small businesses.”
Aird said the substitute would allow the illicit marijuana market to continue to thrive.
“That undermines the core goals of legalization and increases the likelihood of untested products, inconsistent potency, and lacks consumer protections,” Aird said. ” It also weakens safeguards designed to prevent youth access and ensure accountability ultimately posing a risk to public health and safety.”
Last year’s effort to establish a marijuana retail marketplace had been vetoed by former Gov. Glenn Youngkin (R). In 2021, Virginia became the first state in the South to legalize marijuana, permitting adults 21 and older to possess 1 ounce of marijuana, grow limited numbers of plants, and obtain medical marijuana from an approved provider.
The marijuana retail legislation is among 180 bills amended by the governor, joining a slate of bills intended to rein in federal immigration enforcement agents. Spanberger also signed 972 bills and vetoed eight, including the much-debated Fairfax County casino bill.
The General Assembly will reconvene on April 22 to consider changes to legislation proposed by Spanberger.
Image via Add Weed/Unsplash
Emily Leayman is a senior reporter at ARLnow, ALXnow and FFXnow. She was previously a field editor covering parts of Northern Virginia for Patch for more than eight years. A native of the Lehigh Valley in Pennsylvania, she lives in Northern Virginia.
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Fairfax County, VA
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