Does Sen. Lucas' indictment raise questions over Virginia marijuana marketplace?

RICHMOND, Va. — Among the allegations laid out in the federal charges against Virginia State Sen. Louise Lucas that were unsealed Thursday, were descriptions of Lucas making comments to other lawmakers and state agency officials about securing or blocking licenses in the upcoming retail marijuana marketplace.

That marketplace is set to launch on July 1, 2027. It comes six years after possession was legalized and followed years of failed efforts to create a marketplace.

Legislation for one was reached by lawmakers this past General Assembly session, but was vetoed by Gov. Abigail Spanberger. However, a last minute deal was reached that revived that marketplace as part of the state budget.

The federal indictment includes several times Lucas alleged talked with lawmakers about securing or blocking license permits.

In count 102, it alleged that on or about March 9, 2026, Lucas called an unnamed "Virginia legislator and informed them she that she needed to get the marijuana license" and said it was because "I got to get the license and I got to get the money rolling in because I want -- I want to make generation, create some generational wealth..."

The indictment said Lucas then mentioned one of her co-conspirators, Carl Upton, Jr. and the indictment added Lucas had discussed Upton and the license previously with the legislator.

In count 109, it alleged on or about April 23, 2026, Lucas called an unnamed member of the Virginia Cannabis Control Authority (CCA), the state agency that will oversee the retail marketplace. It alleged when the member mentioned cannabis licenses, Lucas said she "got a couple of bad apples who are going to be applying for a license who do not get them."

VCU Political Science Professor John Aughenbaugh said while these are just allegations against Lucas, people could look at them and have questions about the rollout of the marketplace.

"There are some serious charges in this indictment," Aughenbaugh said. "There's a difference between legislatures providing oversight to make sure that the executive branch is implementing policy the way it wants the executive branch to do so and what gets alleged in this indictment."

Republican Delegate Wren Williams (R-Patrick) was asked Thursday if Lucas' charges raised a legitimacy question about the marketplace, he did not as the legislation had gone through the legislative process of General Assembly and had "a ton of scrutiny".

"Now as far as like tweaking or influencing or setting it out or working with people to make it sort of beneficial — friendly, if you will — to your potential colleagues or advocates or you know potential business interests. I mean, we are told to avoid that kind of conflict of interest," he added. "I'm a lawyer, right? So, if I am advocating for something that also benefits the legal profession, that's different. But in this situation, if you're advocating for having special circumstances on licensure or something like that — that is when it crosses the line."

JM Pedini, Executive Director for Virginia NORML, said they were not concerned and said licensing is being handled by the Cannabis Control Authority.

"They're still developing the final regulations for the licensing process and it is most likely that licenses will be awarded by lottery. There's not really a way to tip the scales in that sort of situation," Pedini said.

The CCA released its draft proposed regulations and it states that if more than one applicant is deemed to be qualified, "...the Authority may hold a lottery, or similar process, to select the applicant..."

Meanwhile, a spokesperson for Spanberger released the following statement to CBS 6 when asked if she had concerns about the marketplace roll out:

“Since the Governor signed legislation this June establishing a path towards retail cannabis sales in Virginia, the Cannabis Control Authority — an independent body — has been developing a fair, transparent, and rigorous process to make sure all qualified applicants are given equal consideration and a fair shot for licensure under Virginia law. The Governor remains committed to working with the CCA and the General Assembly to make sure the marketplace launches safety, responsibility, and will be built to last," the spokesperson wrote.

Pedini says the regulations are expected to be finalized and published early next year, with applications for licenses opening in February.

Legal retail sales are set to begin on July 1.

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