How Henrico plans to regulate recreational marijuana when Virginia legalize it

HENRICO COUNTY, Va. — Recreational marijuana is a topic that has many in Henrico talking.

The county is moving to get ahead of the issue with a set of local ordinance proposals before shops start popping up.

Henrico County Attorney Andrew Newby said the county is crafting local rules in addition to state laws regulating marijuana's use, which take effect in 2027.

The county's proposed ordinances center around three main issues: taxes, public-use restrictions and zoning.

"What's right for Henrico, may not be right for Chesterfield, may not be right for Richmond so each locality is going to have to choose where these businesses will best first with their community," Newby said.

"The state really only gave us a very small area to work in, we can do taxes, we can do basic crimes against smoking marijuana in public and we can do zoning regulations," Newby said.

On taxes, Newby said the state allows localities to tax marijuana sales anywhere from 1% to 3%. Henrico is currently proposing a full 3% tax on top of state and sales tax, which Newby said will address the impacts of the industry locally.

"We can expect that with the increase presence of marijuana that were might see some of the ills that come with that. Those ills will be under age use of marijuana, substance abuse within adults. Those will be issues that localities will have to address and so a local revenue source from the sale of marijuana will help address that," Newby said.

The county is also trying to restrict where recreational marijuana can be used.

"It would prohibit consumption or smoking of marijuana on sidewalks, or streets, in public parks and at our public schools," Newby said.

State law preserves local zoning authority over where these businesses can operate.

"We're not just talking about the retail marijuana store," Newby said. "We're also talking about the cultivation facilities, and the transporters, and the processors and the testers."

Newby said residents can expect shops that sell marijuana to open in intense commercial and light industrial areas — like the Broad Street and Staples Mill corridors, or areas similar to the Willow Lawn and Short Pump shopping centers.

But those businesses would need special approval first.

"Every one of these business will have to come to the board and ask for a particular location or permission from the board of supervisors to operate and only after a public hearing," Newby said.

The residents I spoke with had a range of views on legalization and shared concerns about where the shops might open.

"I think medically it helps a lot of people so I'm pro," Henrico resident Leigh Bowling said.

"It's definitely going to have to be controlled, limited. Definitely not on every street corner," Henrico resident Raymond Gaines said.

"I think overall it will be a good thing bringing tax dollars," Henrico resident Hill Nystrom said.

"I haven't heard any concerns raised that you also wouldn't hear from drinking or other legal vices," Henrico resident Ryan Law said.

When it came to where shops might appear, several residents echoed the same worries.

"My main concern would be the number of store fronts, advertising with it the kind of stuff," Nystrom said.

"Not near school zones stuff like that, I can definitely get behind something like that," Law said.

"Not having a shop on every single corner would be nice," Bowling said.

Henrico will hold a public hearing on the three proposals on Nov. 10.

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