RICHMOND, Va. — Virginia lawmakers are moving forward with legislation to create a retail recreational marijuana marketplace, five years after the state legalized possession of the drug.
While both the Senate of Virginia and House of Delegates versions have the same end goal, there are a few differences between them.
The most significant difference is the start date.
The House version calls for sales to begin on November 1, 2026, while the Senate version sets a January 1, 2027 date.
Sen. Lashrecse Aird (D-Eastern Henrico), who is carrying the Senate version, said they are trying to avoid problems other states have experienced during their marketplace roll outs.
"We're trying to ensure that in the Commonwealth we don't have that problem, we have the necessary regulatory framework in place, but not only that, that everybody has a fair shot at participating in this marketplace," Aird said.
The bills also differ on tax rates.
The House version sets the rate at 14.8%, while the Senate version proposes a rate of up to 17% (depending on what localities set their portion of the tax rate at).
Both versions would cap the number of stores around Virginia at 350 and limit them from being within 1,000 feet of another store or places like hospitals, places of worship, or day cares.
The legislation would also study allowing licenses for on-site consumption, similar to tasting rooms at breweries.
Neither version includes language from previous years that would have allowed cities and counties to hold a referendum to opt out of allowing stores within their jurisdiction.
"It's harmful. It keeps the illicit market alive, which harms your retail marketplace overall. But it's also a health and safety matter," Aird said.
Aird said the benefits of a regulated marketplace include more tax revenue and products under strict health and safety standards.
She pointed to studies that found issues with unregulated marijuana products being sold at vape shops.
"What we know is that the products that are currently being sold are not safe, they're not regulated, and they are bringing harm to Virginians," she said.
Republican State Sen. Ryan McDougle opposes a retail marketplace, pointing to recent data from Virginia's hospitals showing an increase in emergency room visits related to cannabis use. However, he admits a retail market is likely at this point and says he's concerned an illicit, unregulated market will continue despite it.
"There are real consequences," Sen. McDougle (R-Hanover County) said. "I think that more discussion needs to be had, and I think stronger penalties and provisions in the bill are needed in order to ensure children cannot have access on the illegal marketplace and that that illegal market will not exist."
Governor Abigail Spanberger (D-Virginia) has voiced her support for the creation of a retail marijuana market.
The two versions will likely end up in a conference committee where lawmakers will hammer out a compromise near the end of session.
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