Finish the job
Virginia needs legislature to resolve legal limbo over marijuana
It may not be the most pressing issue facing the commonwealth, but the future of marijuana policy in Virginia will be shaped by the outcome of November’s legislative elections. While the best outcome would be an amicable compromise that addresses concerns raised by both sides, the last two years have cast doubt on that prospect.
Yet lawmakers can solve a lot of persistent problems through the establishment of a legal, regulated cannabis market as was intended when they legalized marijuana in 2021. The public stands to benefit if the two sides can reach common ground, whatever the outcome of this year’s vote.
The General Assembly approved, and then-Gov. Ralph Northam signed legislation at the end of the 2021 session that made sweeping changes to the commonwealth’s stance on marijuana. The bill made possession of up to 1 ounce of cannabis legal for adults aged 21 and older, allowed for at-home cultivation of up to four marijuana plants, and sealed past misdemeanor convictions for cannabis-related arrests, an important social justice component of the legislation.
While the bill made Virginia the first southern state to approve legalization, Virginia is hardly an outlier nationwide in its revised approach. Today, 22 other states and the District of Columbia have voted
to legalize recreational marijuana. Others have medical marijuana programs, allow the sale of low-THC cannabidiol (CBD) products, or have embraced decriminalization. It remains fully illegal in only four states.
Where the commonwealth differs from other legalization states is that its authorizing legislation wasn’t fully formed when it earned Northam’s signature. Though Democrats held majorities in both chambers, they couldn’t reach agreement on various aspects of marijuana policy, from standing up a regulated retail market or assisting communities harmed by marijuana prohibition and the war on drugs.
Democrats also expected they could return to work in 2022 to finalize many critical provisions, but the 2021 election saw Gov. Glenn Youngkin’s election and the House flip to Republican control. Virginia’s divided government means that measures require compromise between the GOP-led House and the Democratic-led Senate to reach the governor’s desk.
Though some prominent Virginia Republicans — including retiring Senate Minority Leader Thomas K. “Tommy” Norment — were early advocates for marijuana decriminalization, GOP officials have cooled on the idea since.
Norment, for one, called the 2021 bill “disgraceful” and House Speaker Todd Gilbert wrote earlier this year, “Virginia Democrats made a great big mess when they legalized marijuana without putting any regulatory or retail structure in place.”
He’s not wrong. But cleaning up the “mess,” as he calls it, requires lawmakers willing to do what’s necessary to find a workable solution. Republicans have so far stood in the way, and pushed a measure in the 2022 budget bill to recriminalize possession in some cases, creating two new misdemeanor charges.
That’s the wrong direction for Virginia. Democrats recognize that punishing people for recreational use of marijuana is harmful and counterproductive, and covet the potential for hundreds of millions in revenue from a legal, regulated market that can be used for public education or other needs.
Republicans should similarly appreciate the revenue opportunities, as well as the chance to reduce the commonwealth’s prison costs by no longer incarcerating marijuana users. As champions of individual freedom, eliminating pot laws should be a conservative position.
What’s more, both sides should appreciate that it’s an electoral winner. Polling shows strong support for legalization, and a legal marketplace is the next logical step. A 2020 report by the Joint Legislative Audit and Review Commission spells out the steps for doing so and estimated it would create up to 18,000 jobs and generate $308 million in annual revenue.
The 2021 legislation leaves Virginia in a difficult spot that must be resolved soon. The present system doesn’t serve the public and makes work more challenging for law enforcement officers, who are asked to enforce laws that are somewhat subject to interpretation.
Virginia set itself apart from many of its neighbors when it voted to legalize marijuana. November’s election will determine how — or whether — lawmakers finish the job.