Virginia Lawmakers Advance Competing Cannabis Sales Bills

Virginia's House and Senate passed competing versions of marijuana sales legalization bills on Monday, pushing the Commonwealth closer to establishing a regulated adult-use market after years of delays.

The parallel bills—which differ on key regulatory details and tax structures—now face final votes before entering bicameral negotiations. Lawmakers also advanced separate legislation that would allow resentencing for individuals convicted of cannabis offenses that are no longer crimes.

Virginia legalized personal possession and home cultivation in 2021, but left the commercial sales framework unfinished. The result: residents can legally possess up to an ounce and grow up to four plants at home, but have no legal way to purchase cannabis. That's made Virginia an outlier among the 24 states with adult-use programs.

The Competing Frameworks

The House and Senate versions diverge on several critical points, according to lawmakers familiar with both bills. Tax rates, licensing priorities, and social equity provisions remain sticking points that negotiators will need to resolve.

Neither chamber has released the full text of their amendments, making it difficult to assess which approach would generate more tax revenue or create more equitable market access. But the Monday votes signal that both chambers are committed to finalizing a sales framework this session.

The resentencing bill adds another dimension to Virginia's cannabis reform efforts. If passed, it would allow individuals currently incarcerated or on probation for marijuana offenses to petition courts for reduced sentences based on current law.

Political Pressure Mounts

Governor Glenn Youngkin has previously expressed skepticism about marijuana sales legalization, though he hasn't explicitly threatened a veto. His position could complicate negotiations, especially if the final bill includes provisions he opposes.

Virginia's cannabis advocates have grown increasingly frustrated with the state's hybrid status. Medical cannabis dispensaries operate legally, but adult-use consumers remain stuck in a gray market where possession is legal but purchase isn't.

"We've created the worst possible scenario," one Virginia cannabis attorney told trade publications last month. "People can possess it legally, but they're forced into illegal markets to obtain it."

What's Next

Both bills need one more floor vote in their respective chambers before heading to conference committee. That's where House and Senate negotiators will hammer out differences and produce a unified bill for final passage.

The timeline is tight. Virginia's legislative session ends in late February, giving negotiators roughly three weeks to reach consensus. If they succeed, the bill would land on Youngkin's desk by early March.

Market analysts expect Virginia's adult-use market could generate $300-400 million in annual sales within three years of launch, based on comparable East Coast states. But that assumes a regulatory framework that balances tax revenue with competitive pricing against illicit markets.

The resentencing measure faces a less certain path. Criminal justice reform bills often encounter resistance in Virginia's General Assembly, though the changing legal status of cannabis strengthens the case for revisiting past convictions.

For now, Virginia remains in legislative limbo—a state where cannabis is simultaneously legal and illegal, depending on what you're trying to do with it.

This article is based on original reporting by www.marijuanamoment.net.