Both chambers of Virginia’s legislature recently passed identical bills aimed at legalizing recreational marijuana sales. The legislation, which would allow adults to purchase marijuana from regulated, state-licensed retailers, now heads to Governor Glenn Youngkin’s desk. However, the governor has already expressed intentions to veto the bills, as he did with a similar proposal last year.
The bills, SB 970 from Sen. Aaron Rouse (D) and HB 2485 from Del. Paul Krizek (D), would establish a framework for legal cannabis sales starting as early as May 1, 2026. Under the proposal, adults aged 21 and older would be allowed to purchase up to 2.5 ounces of marijuana or equivalent cannabis products. A new marijuana-specific tax would apply to retail sales, with up to 11.625 percent in taxes, including both state and local taxes.
While cannabis use, possession, and limited cultivation were legalized in Virginia in 2021, the lack of a regulatory framework for retail sales has allowed illicit markets to thrive. Advocates for regulated marijuana sales argue that legalizing sales would remove cannabis from the illegal market and increase consumer safety, though Governor Youngkin has opposed such measures. His office previously indicated he would veto any similar legislation.
Reform advocates, including JM Pedini of NORML, criticized the governor’s stance, arguing that his opposition fails to align with the views of Virginians and poses health risks. They emphasize the importance of transitioning the cannabis market to a regulated system to ensure safety and reduce exposure to illegal products.
The legislation also includes provisions to support cannabis equity, with a microbusiness program designed for individuals from historically economically disadvantaged communities. Additionally, tax revenue would fund various programs, including substance use disorder treatment, public health campaigns, and early childhood education initiatives.
While Governor Youngkin’s veto is anticipated, advocates remain hopeful that future leadership will embrace cannabis reform, especially with the state’s gubernatorial race approaching in 2025.
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