Virginia made waves in 2021 as the first Southern state to legalize cannabis use and possession for adults over 21, along with limited cultivation provisions to legally grow at home. More than three years later, Virginia still doesn’t have a retail market.
Many other states have found themselves in a similar gray area, awaiting a sales launch while use, possession, and cultivation remains legal. Though most other states also have a clear timeline when it comes to a pending recreational sales launch. Another vote is needed to fully implement commercial sales in the state and approve the regulatory framework in Virginia. Until that happens, there is not a clear path forward surrounding a recreational cannabis market in the state.
So what are the current limitations surrounding legal cannabis in Virginia, and can residents and visitors expect to stock up in retail stores any time in the coming years?
What Does Virginia State Law Say?
On April 7, 2021, lawmakers voted to approve the changes proposed by former Governor Ralph Northam surrounding a cannabis legalization bill, effectively allowing for lawful possession and cultivation within the state. Starting July 1 of that year, adults over the age of 21 were allowed to legally possess up to one ounce on their person or in any public place. Adults can also grow up to four plants per household, so long as the plants cannot be seen by the public without optical aids. Precautions must also be taken to prevent unauthorized access by those under 21.
“Adult sharing,” or transferring one ounce or less of cannabis between people over 21, is also legal — though this does not include cannabis being given away alongside another transaction or otherwise in conjunction with or contingent upon the sale or transaction of other goods and services. The General Assembly was left with the task of approving a separate piece of legislation regarding sales and regulation. While the original plan intended for a market launch taking effect January 1, 2024, Virginians are still in the dark.
An Uncertain Future
After Virginia legalized cannabis, subsequent bill proposals to regulate sales failed in 2022 and again in 2023 due to Republican opposition. The Democrats won back the House of Delegates in November 2023, hoping to use a new cannabis sales bill as a bargaining chip over one of current Governor Glenn Youngkin’s top priorities, a $2 billion stadium dubbed “Glenn Dome.” The new legislation would finally establish a framework for the state’s retail cannabis market, allowing the Virginia Cannabis Control Authority to begin issuing licenses on September 1, 2024, with retail sales allowed to begin as soon as May 1, 2025. The final version of the budget enacted by the Virginia Legislature in March 2024 did not contain funding for the Glenn Dome. Then, on March 28, 2024, Gov. Youngkin vetoed the cannabis regulation and sales bill.
Concerns, Critiques, and What’s to Come
Youngkin’s office claimed that passing the bill would endanger resident health and safety and that other states that legalized retail sales experienced increased adverse effects to minor safety, increased gang activity and violent crime, “significant” deterioration in mental health, decreased road safety, and market costs that “far exceed” tax revenue.
Recent studies show that states with legal cannabis do not see an increase in youth use, in traffic accidents or death rates, or in mental health-related outcomes like psychosis. Many states continue breaking previous cannabis tax revenue records, allocating funds to social services and more, with adult-use cannabis states raking in more than $4 billion in 2023 alone.
Contrary to his notion, critics of the veto argued that Youngkin’s decision to stall the legal market allows the illicit market to continue thriving, as residents can only legally obtain cannabis by growing it themselves or through “adult sharing” with a cultivator. We’ll have to wait until 2025 to see how things play out, as advocates must wait until the next legislative session to continue their efforts.