While some lawmakers push for restorative measures, a parallel effort in the Senate has moved toward a significant escalation in criminal penalties for unlicensed cannabis activity. Recent amendments added to Senate Bill 542, the primary vehicle for establishing a retail adult-use market, have sparked a debate over the potential return to “War on Drugs” era enforcement tactics.

The amendments, introduced in the Senate Courts of Justice Committee under the leadership of Chairman Scott Surovell, introduce a series of new criminal classifications. If passed, the legislation would reclassify youth possession for those under 21 as a Class 1 misdemeanor, carrying a mandatory minimum fine of $500 or 50 hours of community service. This represents a direct departure from the restorative approach currently being considered in the House.

Beyond youth penalties, the amendments target the unlicensed market with felony-level sanctions. The proposal includes mandatory jail time for repeat unlicensed sales and elevates large-scale cultivation and distribution to high-level felonies. Furthermore, transporting cannabis across state lines with the intent to distribute could lead to prison sentences of up to 40 years and fines reaching $1,000,000.

Advocacy groups, including Marijuana Justice, have launched a time-sensitive campaign to oppose these amendments before the Senate Finance Committee review. Critics argue that while protecting a legal market is a priority, the proposed penalties could disproportionately harm marginalized communities and undo years of progress toward cannabis equity in Virginia.