RICHMOND, Va. — Virginia lawmakers Tuesday presented a revised framework for a proposed retail marijuana market that could begin November 1, 2026 — more than five years after possession was legalized — if the legislation passes.
The Democratic-controlled General Assembly has passed legislation to create a retail marijuana market for the past two years, only to see Republican Governor Glenn Youngkin veto it. That could change with Democratic Governor-elect Abigail Spanberger set to take office next year.
"Our goal has been to listen and I think we have. And so, this bill hopefully has a little for everybody," said Del. Paul Krizek, chair of the Joint Commission to Oversee the Transition of the Commonwealth into a Cannabis Retail Market.
Working off legislation approved last session, staff presented 53 proposed changes after months of public input. Over 30 people spoke about ongoing concerns or support for the plan during the meeting.
"A regulated retail market will replace the illicit market," Krizek said.
Among the most significant proposed changes is eliminating an option for localities to hold referendums to ban retail marijuana stores.
"By allowing opting out, what we're really doing is allowing opting into the illicit market so there will not be any dry counties like in the days of alcohol," Krizek said.
Todd Gathje, vice president of government relations for The Family Foundation, opposed the change.
"They may not want this, and they should be able to hold that. Let the citizens decide in their locality. This will not do anything to alleviate any of the illicit drug market," Gathje said.
Lawmakers said localities would have final say on zoning and siting rules for stores under the proposed framework, but at minimum, stores would be banned within at least 1,000 feet of schools, places of worship and childcare facilities.
The proposed framework follows an ABC model and would not allow any of the 350 planned retail stores within a mile of each other, though lawmakers seemed open to shortening that distance after pushback.
"It seems really strange to equivocate cannabis to just liquor when I can walk a block that way and buy as much beer as I want at 7-Eleven," said one commenter identified as Mark.
The proposed framework would allow localities to raise local sales tax from 2.5% to 3.5%, permit temporary two-year licenses for growers to sell marijuana on-site or deliver to consumers at home, and include studying on-site consumption at stores.
Several proposed changes aim to ensure small businesses and those owned by people historically impacted by the war on drugs can enter the market as growers or retailers. However, concerns were raised about the quick rollout and limited number of licenses available.
"If the micros and the hemp conversions are not ready even by Nov. 1, it would only be the medical folks that are there and able to sell," said Chelsea Higgs Wise, executive director of Marijuana Justice.
Barbara Biddle, president of the Cannabis Small Business Association, expressed frustration with the current approach.
"We need a lane, not a lottery ticket. The current proposals, again, just stifle competition, and I hope for the opportunity to continue to discuss a better path forward," Biddle said.
Krizek defended the cautious approach.
"We're trying to really make sure that there's no monopolies and no like big tobacco, right? It's more prudent to be the tough parent, if you will, and then we can always walk it back a little bit," Krizek said.
Whatever legislation passes must go to Governor-elect Spanberger's desk. A spokesperson said she believes Virginia needs a clear strategy for a market that prioritizes public safety while growing the economy and looks forward to working with the General Assembly on a path forward.
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