Virginia Governor Proposes Legalizing Marijuana This Summer

RICHMOND, VA — Virginia Gov. Ralph Northam proposed Wednesday moving up the legalization of simple possession of marijuana to July 1, nearly three years sooner than previously planned.

Northam’s request came in the form of proposed amendments to the legalization bill the General Assembly passed in February. The lawmakers had agreed to an early 2024 date for legalization, a delay that caused concern among proponents of marijuana legalization.

“Our Commonwealth is committed to legalizing marijuana in an equitable way,” Northam said in a statement Wednesday. “Virginia will become the 15th state to legalize marijuana — and these changes will ensure we do it with a focus on public safety, public health, and social justice. I am grateful to the advocates and legislators for their dedicated work on this important issue, and I look forward to this legislation passing next month.”

If the amendments are approved by state lawmakers, Virginia would officially join 14 other states and the District of Columbia that have embraced marijuana legalization.

The governor’s amendments would allow people 21 or older to legally possess up to one ounce of cannabis, without intent to distribute, beginning July 1. These amendments would maintain current public safety measures that prohibit smoking while driving, smoking while driving a school bus and possession on school grounds.

Northam is also proposing a faster way for expunging marijuana-related incidents from criminal records, and allowing home cultivation of up to four plants per household as of July 1.

His proposals call for expungement and sealing of criminal records on marijuana to begin as soon as state agencies are able to do so and simplify the criteria for when records can be sealed. The General Assembly passed broader legislation to implement comprehensive expungement reform beginning in 2025.

The change would require extensive updates to state agency computer systems and processes, which were made possible by funding in the governor’s proposed budget, the governor's office said.

SEE ALSO: Virginia Senate, House Pass Marijuana Legalization Bills

A report by the Joint Legislative Audit and Review Commission, released last November, found that Black Virginians are more than three times as likely to be arrested for simple possession of marijuana. Data from Virginia courts show that trend has continued since the simple possession of marijuana was decriminalized, punishable with a $25 civil fine, on July 1, 2020.

Northam said Wednesday that this fact drove his proposal to advance legalization by three years.

Under the governor's amendments, households would be allowed to grow up to four marijuana plants beginning July 1. His amendments would require the plants to be labeled with identification information, out of sight from public view, and out of range of people under the age of 21.

The General Assembly will vote on the proposals when it reconvenes April 7 for a one-day session to consider any vetoes or amendments Northam has proposed to this year’s legislation.

The governor's proposed changes would amend Senate Bill 1406, sponsored by Sens. Adam Ebbin (D-30) and Louise Lucas (D-18), and House Bill 2312, sponsored by Majority Leader Charniele Herring (D-46).

Northam also proposed a budget amendment that immediately funds a public awareness campaign on the health and safety risks of marijuana. The other measure funds training to help law enforcement officers recognize and prevent drugged driving.

Another amendment proposed by Northam would authorize the new Cannabis Control Authority to revoke a company’s business license if they interfere with union organizing efforts, fail to pay prevailing wage as defined by the U.S. Department of Labor, or classify more than 10 percent of employees as independent contractors.

Members of the General Assembly welcomed Northam's proposed changes to the bill. “The Governor’s amendments are another step towards ending the targeting of minority communities over marijuana-related offenses and enacting a framework for the legal sale and use of cannabis,” House Speaker Eileen Filler-Corn (D-41) said Wednesday in a statement.

“Virginia is one step closer to legalizing marijuana on July 1, 2021,” Lucas said. “Following the example of several other states, the Governor’s amendments allow us to set up a safe, regulated, and equitable market while immediately protecting communities of color.”

Republican Sen. Jill Vogel, who represents the 27th District in Northern Virginia, also offered her support for Northam's amendments.

“It’s important that as we take our time to thoughtfully stand up this industry, we also provide clarity and don’t confuse Virginians by punishing them for something that will now be legal,” Vogel said in a statement. “These amendments do just that.”

Under the current bill and proposals, the state-regulated retail marijuana industry would still not come online until 2024.

RELATED: Marijuana Decriminalization Bill Supported By Local Prosecutor