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Virginia Governor Seeks to Accelerate Legalization

Adults in Virginia could legally possess and grow small amounts of marijuana about three years sooner than initially envisioned.

Virginia Gov. Ralph Northam at a news conference Alexandria, March 30, 2021.
Virginia Gov. Ralph Northam at a news conference Alexandria, March 30, 2021.
AP Photo/Andrew Harnik, File

RICHMOND, Va. (AP) — Adults in Virginia could legally possess and grow small amounts of marijuana beginning in July, about three years sooner than initially envisioned, under changes the governor proposed Wednesday to legislation passed earlier this year.

“Our Commonwealth is committed to legalizing marijuana in an equitable way,” Democratic Gov. Ralph Northam said in a news release outlining the date change and other amendments he is seeking. “Virginia will become the 15th state to legalize marijuana — and these changes will ensure we do it with a focus on public safety, public health, and social justice.”

Advocates on all sides of the issue have been eagerly waiting for weeks to see what changes Northam would propose to the bill that cleared the General Assembly in February.

The measure has been a top priority for Democrats who control the state government, who consider it a necessary step to end the disparate treatment of people of color under current marijuana laws. But lawmakers struggled to reach agreement during the session, passing a bill that almost no one seemed fully satisfied with. It would not have legalized marijuana until 2024, which racial justice advocates said was far too long to wait.

A coalition of advocacy groups — including Marijuana Justice, Justice Forward Virginia, RISE for Youth and the American Civil Liberties Union of Virginia — hailed the July 1 legalization date as “the first step toward ending racist marijuana law enforcement.”

“This important change to the legislation recently passed by the General Assembly will allow the Commonwealth to begin addressing the tragic consequences of communities of color being over-policed in the failed War on Drugs. Marijuana laws are more harshly enforced in Black and Brown communities, and we cannot risk more people being caught in the system for acting in ways that will soon be legal," the coalition said in a statement.

Northam’s office said his decision to speed up legalization was driven by a state study from last year that found Black Virginians were disproportionately policed and convicted for using marijuana, and by data from state courts that show the trend has continued even since lawmakers decriminalized marijuana last year.

Discussions with lawmakers went down to the wire; Wednesday was Northam’s deadline for taking action on legislation.

His office issued a press release filled with supportive remarks from legislative leaders in both chambers and two Republicans, signaling that his proposed changes have the votes to become law once legislators reconvene in April.

“I am grateful to the advocates and legislators for their dedicated work on this important issue, and I look forward to this legislation passing next month,” Northam said.

The governor’s amendments would allow adults 21 and up to legally possess up to one ounce (28.3 grams) of cannabis without the intent to distribute beginning July 1. They would also allow the home cultivation of up to four plants per household beginning July 1.

Not all lawmakers support the legislation. Democratic Sen. Chap Petersen voted against the bill and remains skeptical, despite Northam’s amendments.

“I don’t have a problem with decriminalization or even legalizing marijuana in small amounts for adult use, but I’m not a fan of setting up a marijuana industry in this state, which appears to be the purpose of the legislation,” he said.

Northam’s amendments would maintain current public safety measures that prohibit smoking marijuana while driving, smoking while driving a school bus and possession of marijuana on school grounds.

It will be years before legal retail sales follow. The bill, hundreds of pages long, lays out the complex process of creating a new state agency to oversee the marijuana marketplace, with sales beginning and regulations going into effect Jan. 1, 2024.

During the legislative session, the Senate sought to legalize simple possession beginning in July, but House Democrats argued that legalization without a legal market for marijuana could promote the growth of the black market.

Northam announced Wednesday he is seeking two related budget amendments, one to boost funding for a public awareness campaign and the other for funding to help law enforcement officials recognize and prevent drugged driving.

House Majority Leader Charniele Herring signaled her support for the governor’s changes, saying in a statement that the amendments would “stop the disparate enforcement of marijuana laws beginning this summer, while also focusing on public safety and educating our youth.”

Northam also announced he is seeking amendments that his office said would add worker protections and speed up the sealing of records and expungements.

One would authorize the new Cannabis Control Authority “to revoke a company’s business license if they interfere with union organizing efforts, fail to pay prevailing wage as defined by the United States Department of Labor, or classify more than ten percent of employees as independent contractors,” according to a description his office provided.

The full text of the proposed amendments was not immediately available.

The other amendment would “allow for expungement and sealing of criminal records on marijuana to begin as soon as state agencies are able to do so, and simplify the criteria for when records can be sealed,” his office said.

Del. Lamont Bagby, chair of the Virginia Legislative Black Caucus, said he was pleased with the governor’s amendments.

“We are doing everything possible to repair and redress the harm done to communities of color most impacted by marijuana criminalization—the Virginia Legislative Black Caucus stands in support of the Governor’s amendments because justice must not be delayed,” he said.

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