Grow Life 420

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Senator Adam Ebbin said: “The passage of SB1406 caps off years of struggle to reform our broken and outdated marijuana laws and begins the deliberate steps to repeal the harms of the failed prohibition.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.

Democratic Governor Ralph Northam announced amendments today to legislation (Senate Bill 1406 | House Bill 2312) establishing a statutory timeline for the legalization of marijuana possession, use, cultivation, and retail sales. Governor Northam recommended that provisions in the legislation legalizing the personal possession and personal cultivation of cannabis by adults take effect on July 1, 2021 rather than on January 1, 2024 — the enactment date initially approved by lawmakers.

Should the legislature vote to approve the amendment, those ages 21 and older would be permitted to possess up to one ounce of marijuana and to cultivate up to four cannabis plants per household without penalty later this year. The legislature is set to reconvene on April 7 to accept or reject the proposed amendments.

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

“Our Commonwealth is committed to legalizing marijuana in an equitable way,” said Governor
Northam in a statement. “Virginia will become the 15th state to legalize marijuana—and these changes will ensure we do it with a focus on public safety, public health, and social justice. I am grateful to the advocates and legislators for their dedicated work on this important issue, and I look forward to this legislation passing next month.”

Commenting on the proposed amendments, NORML Development Director Jenn Michelle Pedini, who also serves as the Executive Director of Virginia NORML, said: “We’re pleased Governor Northam agrees with NORML that the legalization of personal possession and personal cultivation ought to happen as soon as possible. Virginians have been very clear that they are ready for legalization this year, sending over 7,100 emails in support of these measures this session.”

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.

“The Governor’s amendments are another step towards ending the targeting of minority
communities over marijuana-related offenses and enacting a framework for the legal sale and use of cannabis,” said Speaker Eileen Filler-Corn. “I’m grateful to Governor Northam, my colleagues, and all the advocates who worked so hard on this important legislation.”

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, 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 patrons and 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 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.

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

Members of the Virginia Senate and the House of Delegates approved legislation today, Senate Bill 1406 and House Bill 2312, to legalize cannabis possession, personal cultivation, and retail sales for adults 21 and older. The bills now head to the governor for his approval, amendment, or veto.

Commenting on the passage of the bills, NORML Development Director Jenn Michelle Pedini, who also serves as the Executive Director of Virginia NORML, said, “The advancement of this legislation is another historic step for cannabis justice in Virginia. Stakeholders, the administration, and the legislature have dedicated hundreds of hours to craft legislation that is just and equitable, and that will replace the failed policy of cannabis prohibition with one that promotes Virginia’s economy as well as Virginians’ public health and safety.”

Pedini added: “This effort remains a work in progress and our efforts in Virginia are far from over. NORML is dedicated to continuing 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 particular, we hope to expedite the timeline with which Virginia adults will no longer face either criminal or civil penalties for the personal possession and cultivation of cannabis.”

In a compromise reached by lawmakers in Conference Committee, legislators agreed to establish an independent agency, the Virginia Cannabis Control Authority, to oversee the establishment of regulations that will govern the adult-use market. That agency will convene this summer. The Committee also established a January 1, 2024 enactment date for the law. Upon that date, but not before then, adults will be able to  possess up to one ounce of marijuana and cultivate up to four cannabis plants per household without penalty. The remainder of the 300 page bill, which details the regulatory and market structure, social equity provisions, and repeals criminal penalties, is subject to a second review and vote by the Assembly next year.

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

“Equitable legalization of marijuana is an essential step towards racial justice in Virginia,” said House Majority Leader Delegate Charniele Herring, chief patron of HB2312. ”We have created a plan to start this important work, and we will continue to move forward and compromise to get this work done together.”

Democratic Governor Ralph Northam, a pediatrician, has been a strong and vocal supporter of legalizing the marijuana market in Virginia. During a November briefing, he said: “We are going to move forward with the legalization of marijuana in Virginia. I support this and I’m committed to doing in the right way,” adding that it’s “not going to happen overnight.”

“Marijuana laws have been based originally in discrimination and undoing these harms means things like social equity licenses, access to capital, community reinvestment and sealing or expunging people’s prior records,” Northam said. In his proposed budget for the upcoming year, Northam included funding necessary for the expungement of past marijuana convictions as well as to establish the Virginia Cannabis Control Authority. Upon releasing his budget proposal, Northam said: “We know that laws to ban marijuana historically were based in discrimination, and criminalization laws have disproportionately harmed minority communities.”

The measures also earmark a portion of tax revenue to pre-kindergarten programs for at-risk youth as well as for public health programs, a top priority for First Lady Pamela Northam.

Separate legislation to amend the state’s medical cannabis access law to allow for the production and dispensing of botanical formulations of cannabis was previously agreed to by members of the Virginia House of Delegates and Senate. The measure awaits action from Governor Northam, who is expected to sign the bills into law.

Under the state’s existing medical marijuana law, licensed cultivators are required to process cannabis into non-herbal formulations, such as oils and tinctures. The new measure expands the pool of legal products to include those composed either of “cannabis oil or botanical cannabis.”

Additional measures facilitating the expunging of past records, expanding telehealth access for medical cannabis, and protecting certain employees who use cannabis in their off-hours from discrimination in the workplace were also approved by the legislature and now await final action by the Governor.

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