This article was reprinted with permission from Virginia Mercury.
Virginia lawmakers are preparing to reintroduce bipartisan legislation aimed at creating a regulated and taxed adult-use cannabis marketplace in the state. The renewed push comes after Gov. Glenn Youngkin vetoed a similar proposal earlier this year.
Del. Paul Krizek, D-Fairfax, and Sen. Aaron Rouse, D-Virginia Beach, are once again spearheading the effort, planning to bring forward the same proposal that previously passed both chambers of the General Assembly with bipartisan support.
The measure, as sent to Youngkin’s desk at the time, would establish a legal framework to regulate the sale and taxation of cannabis for adults 21 and older, marking a significant step toward implementing the retail market many advocates have long championed.
“We’re trying to start with the same bill since we were able to get both chambers aboard, including a couple Republicans. I think there’s a good chance that a few more Republicans will join in this time, especially in the Senate,” Krizek said in a phone interview earlier this week.
While several GOP lawmakers supported the proposal at various points as it moved through the legislature during the 2024 session, only Sen. Christie New Craig, R-Chesapeake, voted for the bill’s final version in the state Senate. In the House, freshman Del. Chris Obenshain, R-Montgomery County, a former assistant attorney general, was the sole Republican to back the measure.
Virginia was the first southern state to legalize public possession of up to one ounce of marijuana by adults 21 and over and allow them to grow up to four plants of marijuana in a private residence. However, the General Assembly has yet to create a framework for a legal marketplace for cannabis products in the commonwealth.
Without a legal market in place, residents can grow small amounts at home or possess cannabis, but buying or selling it remains illegal.
Under the proposed plan, the state would license cannabis retailers, establish clear rules for production and sales, and tax products to generate new revenue. Lawmakers argue that a regulated market would also curtail illegal cannabis sales and provide consumer protections.
Earlier this year, the General Assembly approved a version of the bill that would have established a market, only for Youngkin to veto the legislation, citing concerns over enforcement and the state’s role in managing cannabis commerce.
“The proposed legalization of retail marijuana in the commonwealth endangers Virginians’ health and safety,” he said in a statement in March.
“States following this path have seen adverse effects on children’s and adolescent’s health and safety, increased gang activity and violent crime, significant deterioration in mental health, decreased road safety, and significant costs associated with retail marijuana that far exceed tax revenue.”
Youngkin has since repeatedly expressed skepticism about expanding legal cannabis in Virginia, and his spokesman Christian Martinez said on Wednesday that this hasn’t changed.
But Krizek remains hopeful that in his final year as governor, Youngkin may be open to negotiating with Democrats as he looks to solidify his legacy.
“I can’t get into his head, obviously, but I think it’s for that reason it’s worth trying, it’s worth putting this out as an opportunity for a compromise in some other capacity,” Krizek said.
”I think it’s very possible, because he’s already a lame duck and this is it for him, and if he wants to have one of his legacies be an unregulated cannabis free-for-all, then that will be his legacy. Or he could choose a rational marketplace with safe, tested and taxed products.”
A poll conducted by the Institute for Policy and Opinion Research at Roanoke College and released during the legislative debate found that 63% of Virginians strongly or somewhat support measures to help small businesses compete with pharmaceutical companies and existing medical cannabis dispensaries, while only 15% are somewhat or strongly opposed.
And advocates believe there is growing momentum to push the legislation forward again. Supporters highlight the potential for tax revenue, job creation, and investments in addiction treatment and restorative justice programs funded by cannabis taxes.
Greg Habeeb, a former Republican member of the House of Delegates from Salem and a lobbyist for the Virginia Cannabis Association who helped draft Rouse’s bill earlier this year, said in an interview Thursday that Youngkin’s veto of the legislation caused an explosion of illegal corner marijuana stores, pop up shops and street dealers across the state.
“Everybody who was trying to engage in this market in a proper way, some of the people selling hemp products, some of the people selling CPD products, they’ve almost all been wiped out of business,” Habeeb said. “That’s exactly what we said would happen if the government vetoed the bill to the extent there was a legally operating market in which this is essentially destroyed, and yet every day there are stories about raids and busts and illegal stores.”
Eventually Virginia is “going to have to wake up and create a regulated system, so we can get rid of these illegal stores and get this stuff out of the hands of our dealers and kids,” Habeeb said, adding that Republicans will continue to say its Democrats fault for legalizing cannabis in the first place, and both Democrats and Republicans will continue to blame each other for the status quo, if it remains unchanged.
“How that plays out for their individual legacies will have to be seen, but collectively creating a system where it’s legal to possess, legal to share, legal to grow, but illegal to sell in a regulated way, has created this system. It is completely unacceptable and I think history will tell us that it was a disaster.”
The discussion around creating a legal marketplace for adult-use cannabis in Virginia is reignited as the Virginia Cannabis Control Authority (CCA) — the state agency created in 2021 to oversee the regulation and enforcement of cannabis laws in Virginia — unveiled its latest survey on marijuana-impaired driving.
Between August and September, the CCA surveyed 783 Virginia residents aged 16 or older with a driver’s license, including 310 who identified as past three-month marijuana users. The results, which build on the inaugural 2022 study, were released as part of National Impaired Driving Prevention Month this December.
The survey revealed nearly one-third of Virginia drivers believe those who consume marijuana are typically safe drivers. Furthermore, 22% of respondents admitted to driving while high a few times a year or more, and 34% acknowledged riding as passengers with drivers under the influence of marijuana.
Forty-six percent of marijuana users reported they do not always plan for a sober ride home. These figures remain unchanged or have increased since the 2022 survey, underscoring the need for continued education and awareness campaigns, the CCA said in a statement.
Despite these concerns, the survey also pointed to progress. The percentage of drivers who believe they are likely to be pulled over for driving under the influence of marijuana increased to 29%, up from 24% in 2022. Additionally, 47% of marijuana users said they always plan for a sober ride home, up from 42% last year.
“This survey shows that while we’ve made some progress, there’s still considerable work to do,” said Jeremy Preiss, acting Head and Chief Officer of Regulatory, Policy, and External Affairs at the CCA.
Driving under the influence of marijuana is illegal in Virginia. State law prohibits using cannabis while driving or as a passenger in a vehicle. Violations can result in fines, license suspension, or even jail time.
However, the survey still found that 1 in 10 Virginia drivers (9%) incorrectly assume that there is no penalty for driving under the influence of marijuana.
Despite enforcement concerns and Youngkin’s previous resistance, Krizek and Rouse — who is seeking his party’s nomination for lieutenant governor in 2025 — remain optimistic that a renewed effort can succeed, especially with continued bipartisan backing and public support for a regulated market.
Their proposal is expected to be introduced when the General Assembly reconvenes in January. It will likely reignite debate over cannabis reform in Virginia, as lawmakers weigh economic benefits, public health concerns, and the political landscape leading up to the 2025 gubernatorial elections.
“I’d never say never, but I also realize that the governor has been pretty adamantly against the bill,” Krizek said. “I still think we have to do it, it would be legislative malpractice to not give it another try.”
YOU MAKE OUR WORK POSSIBLE.
Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com.
