Weed Possession Legalized In Virginia In 2021

The Virginia legislature legalized the possession and limited cultivation of recreational marijuana for adults in 2021. Later that year, however, GOP lawmakers blocked a reauthorization vote needed to legalize retail sales of recreational cannabis after
Republicans won a majority in the House of Delegates. Unregulated shops selling marijuana have since opened to fill the void, supplying an unregulated cannabis market worth an estimated $3 billion per year.

Democratic Del. Paul Krizek, the lead sponsor of HB 2845, criticized Youngkin for vetoing the legislation.

“Governor Youngkin’s failure to act allows an already thriving illegal cannabis market to persist, fueling criminal activity and endangering our communities,” Krizek said in a statement cited by Politico. “This veto squandered a vital opportunity to safeguard Virginians and will only exacerbate the proliferation of illicit products, posing greater risks to our schools and public safety.”

Legislation Would Have Allowed Retail Pot Sales To Adults

Had Youngkin signed the bills, the legislation would have legalized the purchase of up to 2.5 ounces of recreational marijuana by adults aged 21 and older. Sales of recreational cannabis were slated to begin no sooner than May 1, 2026, under the bills, although regulators would have been allowed to begin issuing the required licenses to sell recreational marijuana as soon as September 2025. Retail sales of adult-use cannabis would be subject to a tax of up to 11.625%.

The legislation required recreational cannabis producers and retailers to be licensed by the Virginia Cannabis Control Authority. Local governments would have been given the authority to ban recreational cannabis sales in their jurisdictions only with a vote by residents.

The bill limited recreational marijuana sales to the state’s existing medical cannabis operators until September 1, 2030. Each operator would have been allowed to open as many as five recreational cannabis shops located at existing medical marijuana dispensary sites.

Cannabis Policy Reform Group Criticizes Veto

JM Pedini, development director for the National Organization for the Reform of Marijuana Laws (NORML) and the executive director of the group’s Virginia chapter, said that Youngkin’s veto leaves the state’s consumers without access to regulated cannabis.

“Once again, Governor Youngkin has prioritized his personal politics over public safety, opting to keep control of Virginia’s marijuana market squarely in the hands of unregulated operators,” Pedini said in a statement from the cannabis policy reform advocacy group. “This common-sense legislation would have taken marijuana out of corner stores and smoke shops and legalized access only for those age 21 and older in licensed dispensaries. Instead, these vetoes put at risk the health and safety of adult consumers and children alike, and provide protections to no one but the illicit market that has ballooned during his time in office.”