The Virginia legislature sent Gov. A spokesperson for Glenn Youngkin, a Republican governor in Virginia, told Marijuana Moment there was no update on his stance. Instead, the spokesperson cited earlier comments where he stated that he “had no interest” in signing cannabis commerce legislation.
Some supporters believe he will sign the bill, while others predict a veto.
Christian Martinez, the Governor’s Press Secretary, was reticent when contacted by email on Thursday.
Martinez wrote to Marijuana Moment via email that he would like to refer them back the comments made by the Governor during the gathering after the State of the Commonwealth, where he stated he didn’t really have much interest in pushing forward with the legalization of marijuana.
Youngkin made the following comments on January 10, before any recent major changes were made to the now passed legal sale proposal:
“I have said it before, I don’t really care about this area. There are many areas in which we can work together and improve Virginia. It’s a great opportunity to focus our efforts on areas where we can improve our behavioral health system, ensure that our children receive the best education possible in America, push forward childcare options for Virginians and revamp our foster care program. “There are so many things we can do that I believe we can reach the finish line. As I have said, I don’t want to push forward with marijuana legislation.”
Martinez did not directly answer when asked for clarification about what this statement means in terms possible action on the bill he is now considering, he didn’t. He said that his office would give an update “once they have one.”
He added that “for now, the governor will review any bill that comes across his desk.”
Virginia has already made it legal for adults to use, possess and grow cannabis in limited quantities. This is the result of a Democrat proposal that was approved by legislators in 2021. After Republicans gained control of both the House of Representatives and the Governor’s Office later that same year, they blocked the necessary reenactment for retail sales. Since then, illegal stores have opened to meet the demand of consumers.
Since months, legislators working on a legal sale bill say they have received little to no response from Youngkin’s office despite attempts to reach out to see what the Governor might be open to.
Adam Ebbin, a Democratic senator who was drafting a bill to legalize marijuana sales, said to Marijuana Moment in October that Youngkin had been “a difficult person to work with” because he hadn’t been upfront with what he would support.
Ebbin stated at the time, “I am not sure what the Governor will sign because he has been a bit cagey in his public comments and not very supportive.”
Ebbin was asked directly if he believed Youngkin would veto any sales bill. He replied, “Yes, there is a good chance.”
Youngkin left the door wide open a year ago to the possibility that the lawmakers would be the ones to lead the way in licensing and regulating commercial cannabis.
He said, “I’ve said it over and over that I think creating a cannabis market is very complex,” in February 2023. “There are other states who have struggled and they need to do the work.” “I’ve seen them sending me bills.”
Youngkin said that he “was not against” commercial sales.
House Majority leader Charniele Herring, a Democratic member of the House, warned the Governor in January to be cautious when he considers the cannabis legislation. She said that “it is important for public safety that we have a properly regulated market.”
Herring stated at the time that “the governor should be cautious.” “If a bill reaches his desk and he vetoes, I don’t know what the message will be to the public regarding their safety.”
The supporters of the bill, including the sponsors in the House and Senate have said repeatedly that the bill will not create a marijuana market in Virginia, but regulate the existing illicit market which is estimated to be worth nearly $3 billion.
The legislation that was sent to Youngkin earlier this week will begin licensing marijuana businesses in the second half of this year. Sales are scheduled to start on May 1, 2025. Adults 21 years and older can purchase up to 2.5 ounces marijuana flower. The tax rate is 11.625 percent. Local governments can ban marijuana establishments but only if local voters support the move.
The marijuana legislation that was sent to Governor. Youngkin would:
- Retail sales can begin as early as May 1, 2025.
- Adults will be allowed to buy up to 2.5 ounces in one transaction or an equivalent amount of cannabis products, as determined by the regulators.
- Retail sales of cannabis products will be subject to a state tax of 11.625%. A tax of 11.625 percent will be applied to any cannabis product sold at retail.
- Virginia Cannabis Control Authority will oversee the licensing and regulation for this new industry. The board of directors of the Virginia Cannabis Control Authority would be able to regulate possession, sale and distribution of marijuana, as well as testing.
- Local governments can ban marijuana establishments but only after voters approve an opt out referendum.
- The locations of marijuana retailers cannot be located within 1,000 feet of each other.
- Cultivators will be regulated based on the amount of space dedicated to marijuana cultivation. This is known as canopy size. Indoor and outdoor marijuana growing would be permitted, but only those in the lower tiers – with smaller limits on canopy sizes – could grow plants outdoors. The larger growers will need to grow plants indoors. Indoor cultivation would include secure greenhouses.
- Only face-to-face, direct transactions will be allowed. The legislation would ban the use of any other means, including vending machines and drive-through windows. It also prohibits internet-based platforms, delivery services, and online sales platforms.
- Existing medical marijuana providers who enter the adult market can apply to open five additional retail outlets, which must be located at their current licensed facilities.
- The maximum serving size would be 10 milligrams of THC. This means that no more than 100mg THC can be contained in a package.
- A person cannot hold or be granted more than five licenses in total, excluding transporter’s licenses.
- In the last seven years, people who have been convicted of felonies, or crimes that involve moral turpitude, would not be eligible to apply for a license. The same would go for employees of police and sheriff departments, if they are responsible for enforcing the penal laws, traffic laws, or motor vehicle law of the Commonwealth.
- The equity-focused program will grant licenses for entities that are at least two thirds owned and controlled by the eligible applicants. This includes people with previous cannabis misdemeanors and their family members, veterans, people who have lived in “historically economically challenged communities” at least three out of the last five years, people who attended school in these areas, and people who received federal Pell grants or attended colleges or universities where at least 30% of students qualify for Pell grants.
- A historically economically disadvantaged area is one where marijuana possession offences have been at or above the state average from 2009 to 2019.
- The tax revenue generated by the program will first be used to cover the cost of administering and enforcing California’s cannabis laws. The remaining 60 percent will go towards the Cannabis Equity Reinvestment Fund. 25 percent goes to substance abuse disorder treatment and prevention. 10 percent is allocated for pre-K programs and 5 percent is dedicated to a public awareness and health campaign.
- Adults can also share up 2.5 ounces of marijuana with other adults, without remuneration. However, gray-market “gifting”, of marijuana in conjunction with another transaction is punishable as Class 2 misdemeanors and Class 1 misdemeanors for second and subsequent offenses.
- Other criminal penalties will be introduced. Selling or giving marijuana, or marijuana paraphernalia, to anyone under 21 would be punishable with up to one year in prison and a maximum fine of $2,500. The same would apply to selling cannabis to someone who is reasonably believed to have been intoxicated. Advertising the sale of paraphernalia containing marijuana to those under 21 is also a Class 1 Misdemeanor.
- A Class 1 misdemeanor would be committed if you knew that someone under the age of 21 was obtaining marijuana for your benefit.
- Under 21s who use or possess marijuana or try to get it would face a civil fine of up to $25, and be ordered to enroll in a treatment program for substance abuse disorders.
- Illegal production or cultivation of marijuana (excluding legal homegrown) would be a Class 6-felony punishable by a maximum five-year prison sentence and a fine up to $2,500.
- Homegrown marijuana could be processed into edibles. However, the use of butane or other volatile solvents is punishable as Class 1 misdemeanor.
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A sales bill did advance through the Democratic-controlled Senate last session, but it stalled in committee in the House, which at the time had a GOP majority.
The state legislature passed earlier this week a measure that would prevent public sector employees, such as teachers and government officials, from being terminated for using medical marijuana. This measure was sent to the governor.
This week, lawmakers also sent Youngkin an act that would prohibit the state from relying on marijuana alone to prove child abuse or neglect. This change was made to protect guardians and parents from discrimination. This legislation was approved by the Senate with a majority of votes.
Supporters believe that the Governor will sign the bill. They note that they contacted him before the start of the session and that his office provided feedback on the measure.
Pew Analysis shows that eight out of ten Americans have a marijuana dispensary in their county, and shops ‘cluster’ near borders with illegal states
Photo by Philip Steffan.
The post Virginia Republican Governor Still Has ‘No Interest’ In signing Marijuana Sales Bill as Democratic Legislature Approves appeared initially on Marijuana Moment.
