Many see this as a crucial outcome for furthering marijuana reform . This includes legalizing and regulating the sale of marijuana. The question for advocates is what cannabis legislation Democrats are going to rally behind and send to Republican Governor. Glenn Youngkin, as well as whether Youngkin tries to amend or blocks those changes.
In 2021, Virginia legislators, led by Democrats, l equitized the use, possess and limited personal cultivation by adults. Republicans blocked the required reenactment in 2024 of a regulatory structure for retail sales. Since then, illegal and unlicensed stores have proliferated throughout the state, despite the fact that the Senate was controlled by Democrats, who passed a bill regulating legal sales this year. However, the House of Delegates is dominated by Republicans, who killed the legislation. Democrats will control both chambers in 2024.
In the next session, at least one legislator, Sen. Adam Ebbin, who pushed for the 2021 law to be passed, will introduce a bill that would legalize the commercial sale of cannabis. It’s becoming a more contentious process due to the influx of new legislators, uncertainty surrounding Youngkin’s position, and calls from Black and progressive activists to include justice and social equality reforms in the legislation.
Some Democrats want a more rapid approach to legal sales. JM Pedini of Virginia NORML said that the goal should be to have the Democratic majority pass a simple bill, which Youngkin could let become law, even without his signature. Pedini, executive director of Virginia NORML, told Marijuana Moment that if Youngkin vetoes a bill, Democrats will not be able to reverse the decision. They’ll need to compromise if they want marijuana legalized under a Youngkin-led administration.
Pedini stated that, “without the supermajority needed to overturn a negative veto,” any legislation addressing adult-use must be pragmatic and appealing to achieve success. This measure must be simple to understand, have a limited scope and enjoy strong bipartisan support.
Pedini, also the national NORML development director, was asked what kind of legislation he thought would be “pragmatic,” enough to pass through Youngkin. He pointed to a Republican bill that passed during the 2022 legislative sessions, which would have allowed licensed medical marijuana dispensaries in place to sell to adults over 21. In that proposal, producers were required to pay $1 million and the products were subject to a 21% excise tax.
This approach, however, is not acceptable to other advocates. Chelsea Higgs Wise is the executive director of Marijuana Justice. She said that Democrats should use their new powers to pass a law that prioritizes social equity, and includes reparations for the harms caused by the drug war in the framework for legal sale.
Wise stated, “I believe the Democrats must put their power and their momentum in this session to show their commitment towards the community members and guarantee the same level of engagement in future elections.” She also acknowledged that the community would have to “push these legislators” to not make it easy.
Ebbin, who was reached on Thursday, began his remarks by stating that “politics is an art of the possible.”
“What is important to me, is that I have a product available for sale which has been tested and regulated so that the people can know exactly what they are getting — adults 21 years old or older. “That’s the primary concern,” he said to Marijuana Moment. “We don’t have a way to legally obtain the product without growing it or giving it away, and that is not right.”
He said that it was important to have a diverse ownership in the industry, but that “we also recognize that hundreds of millions of tax dollars can be used for many social programs and for communities who have been hurt by the war against marijuana.”
Youngkin, a Republican, remains as governor despite the fact that the legislature is now controlled by Democrats. The governor has not been as clear in his comments, despite the fact that his administration has shown a reluctance to push forward with further reforms for adult-use marijuana.
Youngkin, a local media outlet VPM told the local public broadcaster VPM that he did not write legislation on their behalf. This was in February when Ebbin’s separate sales bill was still being debated. “I’ve said it over and over, that I believe creating a cannabis market is very complex. Other states have had to struggle, and they need to do the work. “I’ve seen them sending me bills.”
Ebbin, who saw the Republican-controlled House vote down that Senate-passed measure in the 2022 session, said last month that Youngkin “has been a challenge to deal with because he hasn’t been forthcoming with his views on what he’s willing to support.”
He said, “I don’t know what the Governor will sign since he has been kind of cagey in his public comments and not really supportive,” at the time.
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Marijuana Moment repeatedly contacted Youngkin’s Office for a comment, but the office has not responded.
Wise, the Marijuana Justice director, is sceptical that Democrats can thread the needle to avoid Youngkin’s vote.
“I think that Gov. She said that Youngkin would make sure that the whole nation knew that he was able to veto a Virginia adult sales bill. He would love to put that on his Republican résumé. It is not going to change our strategy, but it will make us realize that this battle will last longer than one session and that our community must see that we are taking the fight seriously.
Ebbin was asked if it is possible for Democrats to rally around a narrow bill designed to appeal to Youngkin, only to see the governor veto that same bill. He replied, “I would say that there is a good chance that this could happen.”
However, a new Gallup survey released this week shows that along with 70 percent Americans in general, a majority support legalizing marijuana.
Youngkin is reportedly considering a run for the presidency, and some pundits are mentioning his name as an alternative vice president pick in case former President Trump wins Republican nomination. The fact that he was responsible for the GOP losing the majority in the House of Representatives and failing to gain any seats in the Senate will likely dampen his enthusiasm.
Wise believes that Democrats will likely have to wait until Youngkin’s replacement anyway. She said that it would be better to draft a bill that is more equity-focused, and not one that allows the existing medical marijuana dispensaries in the state to get an early jump on legal sales, to the detriment to smaller businesses that are opened by equity applicants, who won’t be able enter the legal market for a while.
“If we get the same results as we got on Tuesday night and we concede Gov. Youngkin would be a total disappointment for all the effort that went into the elections to get us back to blue,” Wise stated. “I’m going talk to legislators, and I hope they keep thinking, about whether we want to approach this situation out of fear, or fairness,” Wise said. ‘”
Wise is looking for more in the bill than just equity ownership. She said, “We haven’t sentencing people to prison for marijuana offenses yet.” “Our parents continue to be penalized for legal, responsible adult use in family court.” I want to ensure that we can continue to promote those parts of the repealing prohibition which keep us safe as well as having conversations about how adult sales look like.
Wise pointed out that, while Ebbin was the most vocal about his intention to introduce a bill on sales, other lawmakers elected this week may play a significant role in how any legislation will ultimately look.
She said that not only was the election a victory for Democrats but also for Black candidates.
She said: “I think that Black legislators are emerging in the Virginia Legislature, and that this will be a driving force for us to keep our promise to do it equitably from 2021,” she said. “I mean, for the first time ever we have a Black Speaker of the House. We now have a Black President pro temp. We are going to support them in any way we can.”
Wise stated that Marijuana Justice was not willing to reveal “who our next champions will be,” but that certain members of the Legislature have been embracing an equity focus since the first legalization bill passed in 2021.
The consensus among advocates is that the Democratic victory will dampen any GOP-led attempts to roll back legalization.
Pedini, NORML’s president, said that Virginia’s progress in cannabis law reform would be protected. In recent years, multiple attempts have been made to recriminalize possession of marijuana, repeal the prohibition against stops and searches solely based on marijuana smell, and enact DUID per se limits for THC. The Democratic majority in both chambers ensures that such bills will never reach the floor.
Wise was in agreement. She said: “I think that this will eliminate some of the tactics used to rollback the reforms we have made, thankfully,” then added, “That’s the reason we need to keep the momentum going to implement a real bill instead of compromising.”
Ebbin’s bill from the past legislative session would have allowed recreational cannabis sales to begin on January 1, 2024. The sales would have been made through medical cannabis dispensaries and new businesses operated by people living in “historically economic disadvantaged communities.” These operators would also be eligible for support and training from existing medical cannabis companies.
The law also contained provisions to resentence people who are currently in prison for cannabis convictions. The marijuana products would have been subjected to an excise duty of 21 percent, with localities able to add a further three percent. The revenue would have been used to support reinvestment programmes for historically economically depressed communities, education programs for youth at risk and addiction prevention services.
After the GOP-controlled House voted down that proposal, they also killed a separate bill that would allow medical cannabis businesses to take certain state-level deductions . Republicans also killed separate legislation that would have created a psilocybin board and rescheduled the psychedelic.
In Virginia, the state has recently fined several hemp businesses five-figure sums of money in an effort to crackdown on hemp cannabinoid product.
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The article With Democrats in control of Virginia’s legislature, advocates see a path to legalizing marijuana sales first appeared on Marijuana Moment.
