Virginia Becomes the First Southern State to Legalize Marijuana

The Virginia General Assembly approved on Wednesday to amend previously passed legislation in order to make possession of marijuana legal in Virginia beginning on July 1.

This makes Virginia the 16th state to legalize marijuana and the first southern state to do so.

“We made history as the first state in the South to legalize the simple possession of marijuana. I am pleased that the General Assembly accepted my proposal to make this change on July 1, 2021, nearly three years earlier than planned,” Governor Ralph Northam said in a statement. “Marijuana laws were explicitly designed to target communities of color, and Black Virginians are disproportionately likely to be stopped, charged, and convicted. Today, Virginia took a critical step to right these wrongs and restore justice to those harmed by decades of over-criminalization.”

Marijuana laws are often viewed as a vestige of the Jim Crow Era because of how they target Black and brown people at a much higher rate than white people despite the fact that all racial groups use marijuana at comparable rates.

The change was made in a vote in the Senate that ended in a tie that was ultimately broken by Lt. Governor Justin Fairfax. State Senator Chap Petersen (D-34) was the only Democratic member of the Senate to vote against the measure.

The new laws, however, implement some restrictions. The law allows possession of up to one ounce of marijuana for individuals 21-years of age and older. Those caught with more than one ounce will face a $25 fine, and those caught with more than one pound could face up to ten years in prison and a fine of up to $250,000. Those under 21-years-old who are caught with any amount of the substance will face a $25 and will also have to take part in a substance abuse program.

It is also illegal under the new legislation to use marijuana in public or give it to someone in public. The law does allow residents to have up to four homegrown plants in their homes.

Retail sales will not be allowed until 2024.

Releated

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