Daily Press

Finish the job

Virginia needs legislatur­e to resolve legal limbo over marijuana

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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.

 ?? STEVE HELBER/AP ?? Marijuana plants in a grow room at the Greenleaf Medical Cannabis facility in Richmond.
STEVE HELBER/AP Marijuana plants in a grow room at the Greenleaf Medical Cannabis facility in Richmond.

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