Meaningful debate on marijuana

Cannabis use will be discussed today during Attorney General Mark Herring’s summit

Virginia took its first tentative steps in recent years toward a smarter, more equitable approach to marijuana. Now it appears poised to make a giant leap, as the new Democratic majorities poised to assume power in Richmond consider more dramatic action on pot.

Lawmakers in 2015 established limited criminal immunity for some patients using cannabidiol (“CBD”) or THC acid (“THCA”) extracts for medical purposes and have slowly opened the door to more people with severe, chronic conditions.

The General Assembly approved THC production in 2017 and earlier this year dramatically expanded access to CBD and THC-A oils by pushing ahead with the licensing of processing facilities. There are five planned, spread across the state to better serve the population.

That represents marked progress from a state that, historically at least, held a more traditional view of how to address drug use. The commonwealth considered it a law enforcement problem, something to be handled by the courts and corrections system rather than discussed in a doctor’s office.

But as a wise man once said, the times they are a-changin’.

The restrictions in Virginia law governing the prescription, purchase and medicinal use of marijuana mean that Virginia isn’t generally listed among the states that have full-fledged medical programs — but that list now includes 33 states plus the District of Columbia.

Twenty-four states, plus the District, have decriminalized pot possession in some manner, either by eliminating charges for having a small amount or making it a civil offense rather than a criminal one. Eleven states and the District have gone the additional distance of making legal the use of marijuana recreationally.

Criminal justice reform may not have been the deciding factor which propelled Democrats to legislative majorities in the state House and Senate, but it was a prominent issue on the campaign trail. And those who voted for change expect the new party in power to deliver — and deliver quickly.

Wading into the murky and turbulent waters of marijuana reform can be treacherous. Lawmakers must answer not only to their supporters, but to a general public that may be wary of dramatic changes in drug policy and law enforcement that will be asked to police a changing landscape. Marijuana remains a Schedule I drug according to the feds, after all.

Yet, there is ample and compelling evidence that moving toward decriminalization and perhaps even recreational legalization could improve fairness in the justice system while reaping for the commonwealth a handsome windfall.

For one, there exists a stark racial disparity in the prosecution of non-violent drug offenses, with minority offenders more frequently facing harsher punishment for those crimes than their white counterparts. The blot of a drug charge on one’s criminal record accompanies the offender, which can make finding employment more difficult.

Add to that the extraordinary cost of mass incarceration in Virginia, where prisons house thousands of non-violent drug offenders each year. A greater focus on rehabilitation for these individuals will lower costs and improve outcomes, both of which should encourage lawmakers to find common ground.

There’s also the revenue to consider. Colorado legalized recreational pot use in 2014 and this year passed $1 billion in revenue generated through sales — money going to fund public education and other public needs. That’s to say nothing of the jobs created and the indirect financial windfall of a new and growing industry.

Of course, if it was as easy as opening a pot shop and collecting the money, every state would probably do it. There are concerns about crime — including drug use by teens and driving under the influence — that require careful consideration, so Virginia needs to be thoughtful and deliberate.

Today, Attorney General Mark Herring will convene a “cannabis summit” to discuss those issues, consider reform options and examine ways for the commonwealth to proceed on pot. That event may not produce all the answers, but it’s clear that Virginia is ready to move forward and that the debate to come will be significant for Virginia’s future.