Virginia legislature votes to legalize cannabis

Virginia lawmakers this weekend approved a bill to legalize cannabis. Virginia would thus become the 1st Southern state to adopt full legalization.

Legalization in compromise

The bill adopted is in fact a compromise between two texts previously voted by each of the two chambers. The final text was adopted by 48 votes to 43 in the Virginia House and 20 to 19 in the Senate.

The bill now heads to Virginia Governor Ralph Northam's desk, who supports the legalization of cannabis in his state but which can still amend the law, for example by speeding up deployment.

The adopted project provides for that adult-use cannabis sales do not begin until 2024. It establishes a 21% excise tax on sales, and allows municipalities to add an additional 3% tax on retailers on top of sales taxes. he tax revenue would be used to fund education, substance use disorder treatment programs and other public health initiatives, and for a cannabis equity reinvestment fund, which would provide resources such as scholarships and workforce development for communities disproportionately impacted by the war on drugs.

The legislation also allows adults over 21 to possess up to 1 ounce (28g) of cannabis, with up to four plants per household authorized for home cultivation.

The governor's position on legalization

Ralph Northam had called on Virginia legislators to legalize in his annual «State of the State» address in January, and announced his support for legalization as early as November last year.

«It's time to legalize marijuana in Virginia,» Northam declared at the time. Our Commonwealth has the opportunity to be the first state in the South to take this step, and we will lead with a focus on equity, public health and public safety. I look forward to working with the General Assembly to make this happen.»

Last April, Northam signed a bill to decriminalize cannabis, establishing a fine of 25$ for simple possession and also sealing conviction records and prohibiting employers from inquiring about previous convictions.

«Every Virginian deserves access to a fair and just criminal justice system,» Northam said in a statement after signing the legislation. «These bills combat mass incarceration, increase support for returning citizens and ensure that those who have paid their debt to society have a meaningful second chance. I thank the General Assembly for working with us to build a more just and inclusive Commonwealth.»

Despite his clear support for legalization, there's some ambiguity about what exactly Northam will do with the bill just passed this weekend. The Associated Press has reported that «several Democrats said they hoped Northam would send the legislation back to them with amendments, including accelerating the legalization date.».

«If we had already made the decision to repeal simple possession, we could have done so today and put an end to the disproportionate fines imposed on communities of color,» said Senator Jennifer McClellan. «Let's be perfectly clear: this bill is not legalization, and there are many steps between here and legalization.»