Virginia Lawmakers Struggle to Agree on Marijuana Sales Legalization Bill

Virginia lawmakers are working to achieve a compromise on a bill that would legalize marijuana sales in the state, after the House and the Senate passed different versions of the legislation. A conference committee, composed of six delegates and six senators, has been appointed to negotiate a final version of the bill, which would then have to be approved by both chambers and signed by the governor.

The bill, which was initiated by the Senate Community Affairs References Committee, aims to create a legal and regulated market for recreational marijuana sales in Virginia, following the legalization of personal possession and cultivation of marijuana, which took effect in July 2021. The bill also intends to address the social and racial inequities caused by the prohibition of marijuana, and to generate tax revenues and economic opportunities from the cannabis industry.

However, the bill faces several challenges and disagreements, as the House and the Senate have different views and preferences on various aspects of the bill, such as the start date of sales, the tax rate, the local opt-out provision, and the social equity criteria.

The Differences Between the House and the Senate Versions of the Bill

The House and the Senate versions of the bill have several differences, which reflect the political and ideological divide between the two chambers, as well as the interests and concerns of various stakeholders, such as the cannabis industry, the law enforcement, the public health, and the social justice. Some of the main differences are:

• The start date of sales: The House version of the bill, sponsored by Del. Paul Krizek (D-Alexandria), would allow legal sales of recreational marijuana to start in January 2025, while the Senate version of the bill, sponsored by Sen. Adam Ebbin (D-Alexandria), would allow legal sales of recreational marijuana to start in July 2024. The House argues that a later start date would allow more time for the establishment and implementation of a regulatory framework and a social equity program, while the Senate argues that an earlier start date would reduce the black market and the criminalization of marijuana users.
• The tax rate: The House version of the bill would impose a 21% tax on marijuana sales, which would be exempt from normal state and local retail sales taxes, while the Senate version of the bill would impose a 25% tax on marijuana sales, which would be subject to normal state and local retail sales taxes. The House claims that a lower tax rate would make marijuana products more affordable and accessible, while the Senate claims that a higher tax rate would generate more revenues and deter excessive consumption.
• The local opt-out provision: The House version of the bill would allow localities to opt out of allowing marijuana businesses in their jurisdictions, while the Senate version of the bill would not allow localities to opt out of allowing marijuana businesses in their jurisdictions. The House contends that a local opt-out provision would respect the autonomy and diversity of the local communities, while the Senate contends that a local opt-out provision would create a patchwork and inconsistent system of regulation and enforcement.
• The social equity criteria: The House version of the bill would give preference to social equity applicants, who are people who have been disproportionately affected by the prohibition of marijuana, such as minorities and low-income communities, in the licensing and funding of marijuana businesses, while the Senate version of the bill would give preference to social equity applicants as well, but with a broader and more flexible definition of who qualifies as a social equity applicant. The House maintains that a narrower and more specific definition of social equity applicants would ensure that the benefits of legalization are distributed more fairly and equitably, while the Senate maintains that a broader and more flexible definition of social equity applicants would allow more people and groups to participate and benefit from the cannabis industry.

A Possible and Probable Outcome of the Bill

The outcome of the bill is uncertain, as the conference committee has not made any progress, and the deadline for the session is approaching. The session is scheduled to end on March 12, 2023, and if the committee fails to reach an agreement, the bill will die, and the legalization of marijuana sales will be delayed or denied. However, if the committee manages to reach an agreement, the bill will have to be approved by both chambers, and then sent to the governor for his signature or veto.

The governor of Virginia, Glenn Youngkin, who is a Republican, has not taken a clear position on the legalization of marijuana sales, but he has expressed some concerns about the issue, such as the impact on the youth and the law enforcement. He has also said that he would respect the will of the people and the legislature, and that he would review the bill carefully before making a decision.

The public opinion in Virginia is largely in favor of the legalization of marijuana sales, according to a recent poll by the Wason Center for Civic Leadership at Christopher Newport University. The poll found that 68% of the respondents supported the legalization, while 30% opposed it. The poll also found that the support was higher among the Democrats (83%) and the independents (72%) than among the Republicans (49%).