A Virginia Senate panel on Wednesday approved revisions to a retail cannabis market bill that exposed Democrats’ divisions on how to penalize underage possession and other potential crimes.

Senate Bill 542, introduced by state Sen. Lashrecse Aird (D–Petersburg) — which would allow recreational cannabis sales for people 21 and over to start Jan. 1, 2027 — made it out of the Senate Courts of Justice Committee with multiple amendments from Senate Majority Leader Scott Surovell (D–Fairfax), the committee’s chair, to increase or keep penalties for illegal cannabis sales, possession and distribution.

Surovell argued that cannabis-related crimes should align with those already on the books for alcohol, and that without penalties, there would be no incentive for people to use or try to enter the legal retail market.

Aird said the changes go against Democrats’ initial effort to address racial disparities in weed arrests and current bills to allow people with marijuana offenses to get those sentences changed.

“It takes us backwards,” Aird said about the changes while presenting the bill. “And it is unimaginable that after years of this coming before us, we are now going to go in the opposite direction of where we are trying to go with a balanced regulatory structure.”

The intraparty dispute offers a view of how split key Senate Democrats are on the future of cannabis-related crimes as they look ahead to working with House Democrats on legislation to send Gov. Abigail Spanberger.

While both had other senators back them, Aird got support from the public speakers who addressed the panel and from some unlikely allies: the committee’s Republicans.

“We’ve had five years to come up with a plan, which it appears we still don’t have, because we’re amending it on the fly, and this is the second committee that it’s been on,” state Sen. Mark Peake (R–Lynchburg) said. “But we’re now in the situation where we just adopted amendments to the plan where we’re still going to prosecute people in certain communities who are selling marijuana without a license, and make them felons and give them mandatory minimums, which I think is what we were trying to avoid when the law passed five years ago.”

Surovell’s amendments, which Republicans spoke out against but ultimately voted for, match many laws concerning alcohol.

“When alcohol was made legal again, I’m sure the moonshine community also had their opinions about it,” Surovell said after Aird told the committee she didn’t back his ideas.

Aird countered that a new regulatory framework for cannabis sales shouldn’t be based on Virginia’s alcohol laws, which she and Surovell appeared to agree should be updated.

One amendment elevates a first conviction for illegal sales of cannabis to a Class 1 misdemeanor — which comes with up to a year in jail and a $2,500 fine — from the Class 2 misdemeanor proposed in Aird’s original bill.

State Sen. Creigh Deeds (D–Charlottesville) voiced support for the amendments, saying without penalties in the law, there was “no real incentive to become licensed as a dealer.”

“That’s your opinion,” Aird responded.

Buying cannabis from someone without a license and underage possession is also a Class 1 misdemeanor under the amended bill, rather than the $25 fine and substance abuse and marijuana education class requirements that Aird envisioned.

Surovell said people under 21 convicted of these crimes could have the charges deferred or dismissed, telling senators the aim was to draw parallels between marijuana and alcohol.

“I’m just going to repeat that we have worked so hard to decriminalize this and not put kids in the justice system for using cannabis,” state Sen. Jennifer Boysko (D–Fairfax) said. “I just would like us to be very careful about undoing all that.”

One of amendments maintains certain penalties for illegal cannabis sales and distribution that Aird wants to repeal, including keeping illegal possession of more than five pounds of marijuana with the intent to sell punishable with possibly five to 30 years in prison.

This amendment, which Surovell argued just kept laws that have existed since 2021, drew heavy criticism from Boysko, state Sen. Jennifer Carroll Foy (D–Prince William) and others.

“Thirty years, Mr. Chair?” Boysko asked Surovell.

“Five to 30, yeah, for five pounds or more, five to 30,” he answered. “That’s also subject to suspension by a judge. It’s not a mandatory minimum.”

“That makes it so much better,” Aird said.

“Mr. Chair, I think we’re going to be keeping our courts and our prisons in good stead,” Boysko added.

“Well, hopefully we have a robust retail market, too,” Surovell said.

Advocates who lined up in support of the legislation used their speaking time to let senators know they weren’t in favor of the amendments the committee approved. No one spoke in opposition to the measure.

Valerie Slater, executive director of RISE for Youth, spoke about her concerns over the harms the amendments could have on children. She highlighted data from fiscal years 2019–2024 showing that marijuana-related complaints from schools increased from 17% to 54% in that span.

“There is this old, antiquated way of thinking that we’ve got to criminalize it in order to make sure that everyone abides by it,” Slater told VPM News after she addressed the committee.

Before the final vote to advance the bill to the Senate Finance and Appropriations Committee, Peake offered his thoughts to Democrats: “It is a real challenge facing us right now, and a very short time to fix it. Good luck.”

In the end, the panel advanced the amended bill on a party-line vote.

“I’m also just going to remind you of much of the data when we take this harsher approach, which is that it has geographic and racial disparities for Black Virginians, low-income communities and urban neighborhoods,” Aird said. “I’m not sure if that is your intent, but that is certainly what you have done as we try to stand up a new marketplace.”

Chelsea Higgs Wise, executive director of the Richmond-based nonprofit Marijuana Justice, also spoke against the revisions during the committee meeting.

“Even though Virginia has a majority of Democrats in power right now, it is still really split on the values that we are using and standing in moving forward for Virginia legalization,” Wise told VPM News after the final vote.

Wise expressed optimism that the Senate Finance Committee could scrap the amendments before they get to the Senate floor for a final vote. But whatever legislation senators approve will have to meld with the proposal that comes out of the House of Delegates.

Del. Paul Krizek (D–Fairfax) is carrying the House version that still has the Nov. 1, 2026, start time that lawmakers floated late last year. He told VPM News last week that the legislation is likely headed to a conference committee, where legislators will iron out major details behind closed doors before a final bill goes up for a vote. Then, Spanberger will get a chance to weigh in — and more changes could come.

Aird called the changes made to her bill “disappointing,” but when asked whether it was the end of the line, she told VPM News on Wednesday: “It’s not over until it’s over.”

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