Virginia Governor Should Sign Marijuana Bill Without Delaying Launch Of Legal Sales (Op-Ed)

Key Points
  • Virginia lawmakers have passed a bill legalizing and regulating adult-use cannabis sales, awaiting Gov. Abigail Spanberger's signature to finalize the launch of the legal market without delays.
  • The state legalized marijuana for adults in 2021, but progress stalled under Republican Gov. Glenn Youngkin, leading to increased illicit market activity due to lack of a regulated system.
  • Regulated cannabis markets provide consumer safety, age verification, and product testing, which significantly reduce the illicit market by offering transparency and accountability.
  • Sen. Lashrecse Aird’s SB 542 and Del. Paul Krizek’s HB 642 would enable legal sales starting January 1, 2027, with appropriate tax rates and enforcement measures, but any delay jeopardizes public safety and law enforcement efforts.

“Any delay in implementation continues to drive consumers to the illicit market, jeopardizes public safety and delays the tools needed by law enforcement and regulators to address these concerns.”

By JM Pedini, NORML

Virginia lawmakers did their part by passing a bill this session to legalize and regulate adult-use cannabis sales. Now, it is up to Gov. Abigail Spanberger (D) to finish the job by signing it into law without proposing any amendments to delay the launch of the legal market.

Virginia made history in 2021 when it became the first state in the South to legalize marijuana for adults. But elections have consequences, and the election of Republican Gov. Glenn Youngkin in 2022 meant four years of stonewalling progress on cannabis policy and an explosion in illicit market activity.

Let’s be clear: legalization didn’t create Virginians’ demand for marijuana. But Youngkin’s failure to create a regulated cannabis market emboldened unregulated operators to meet their demand.

Unlike licensed dispensaries, the unregulated market is not subject to consumer safety standards or age verification requirements. Products are not consistently tested or accurately labeled, and there are no meaningful safeguards to keep them out of the hands of minors.

Jurisdictions that have enacted regulated cannabis sales have seen the illicit market decline as consumers transition to the legal marketplace. When adults have access to licensed retailers that provide accurately tested, clearly labeled products in a regulated environment, they overwhelmingly choose that option over unregulated sellers.

Legal access does not eliminate the illicit market overnight, but it significantly reduces its reach by bringing consumers into a system that prioritizes transparency, accountability, and safety.

Now, five years after Virginia lawmakers first approved legalization, there still exists no regulated cannabis sales system outside of the medical program. Sen. Lashrecse Aird’s (D) SB 542 and Del. Paul Krizek’s (D) HB 642 would fix that. Adults 21 and older could begin purchasing legal, accurately tested and clearly labeled cannabis products at licensed dispensaries beginning January 1, 2027.

Just as importantly, lawmakers got the details right. The General Assembly was smart to keep the tax rate in line with neighboring states like Maryland. If legal cannabis isn’t affordable, Virginians won’t leave the illicit market.

Aird also included a companion enforcement bill, SB 543, to provide additional resources and consumer and industry protections that take effect once retail sales begin.

Any delay in implementation continues to drive consumers to the illicit market, jeopardizes public safety and delays the tools needed by law enforcement and regulators to address these concerns.

Virginians deserve a system that protects consumers and prevents access by those under age. That is why the governor should sign SB 542 | HB 642 as written and without further delay.

JM Pedini is the development director at NORML, the National Organization for the Reform of Marijuana Laws and serves as the executive director of the state chapter, Virginia NORML.