Virginia General Assembly Votes to Legalize Marijuana

The Virginia Senate and House of Delegates passed legislation Friday that will legalize marijuana for adult recreational use, with retail sales beginning in 2024.

Governor Ralph Northam is expected to sign the legislation into law, making Virginia the 16th state to legalize recreational marijuana usage. The District of Columbia has already legalized marijuana possession and usage in small amounts.

“Huge win!! My marijuana legalization bill, HB2312, just passed through the full House. This legislation will provide long overdue justice for so many marginalized communities in Virginia,” said Delegate Charniele Herring (D-46), who introduced the bill in the House of Delegates, on Twitter.

Delegate Herring’s H.B. 2312 and S.B.1406, introduced by State Senators Adam Ebbin and Louise Lucas, both legalize possession of up to an ounce of marijuana for anyone over the age of 21. Both bills begin the process of expunging the records of those who have misdemeanor marijuana-related offenses. However, the Senate version allows localities to refuse retail stores and will require a second vote by lawmakers next year to finalize the legal framework.

The small differences between the two bills will likely be resolved as the two chambers work together on the issue.

The Commonwealth of Virginia decriminalized marijuana last year, but the General Assembly has since encountered a wave of pressure to fully legalize cannabis for adult use. Northam, who previously opposed legalization, took a supportive stance in November, saying, “We’ve done the research, and we can do this the right way, leading with social equity, public health, and public safety.”

Marijuana legalization has become an important issue because of how it disproportionately impacts Black and brown communities. Law enforcement groups have expressed their opposition to legalizing marijuana. According to 2019 data from Virginia State Police, marijuana accounted for fifty-seven percent of all drug-related arrests that year.

Both versions of the legislation have safety provisions that deal with packaging, advertising, and consumer education. A recent poll of Virginians found that the vast majority of voters support legalization, including a majority of Democrats and Republicans.

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