Did Virginia Lawmakers Accidentally Repeal All Marijuana Penalties?

Virginia lawmakers who led the fight to legalize recreational marijuana sales are seeking to clarify that the legislation they passed last month did not inadvertently erase all of the state’s cannabis-related penalties as police and prosecutors scramble to understand the impact of the bill’s various enactment provisions.

Lt. Brandy A. Molinar of the Virginia State Police sent an internal email to law enforcement colleagues this week saying that “as of July 1, 2026, there are no Code of Virginia violations related to marijuana” and directing that any cannabis-related enforcement actions taken since the start of the month be reported to her.

The message, first reported by Virginia Scope, said that state officials could coordinate with the federal Drug Enforcement Administration (DEA) on any cases involving more than five pounds of marijuana.

Del. Wren M. Williams (R), who voted against legalization legislation this session, noted the police email in several social media posts, criticizing Democratic majorities in the Senate and House of Delegates and Gov. Abigail Spanberger (D) for allegedly “creating a one-year gap before new laws take effect.”

The dispute centers on when sections of the bill repealing prior marijuana penalties and replacing them with a new regulatory framework take effect. The budget legislation containing the overall cannabis reform repeals existing code criminalizing distribution and possession with intent to distribute as well as possession by people under the age of 21 without clearly specifying the effective dates for those changes.

Meanwhile, the new regulatory framework doesn’t come online until July 1, 2027—opening the door to questions about whether the state effectively legalized large-scale distribution and underage possession for a period of a year when the budget took effect at the beginning of this month.

The Virginia Association of Commonwealth’s Attorneys (VACA) said that the way the legislation was drafted “invites an argument” about what cannabis laws are now in force, and Nate Green, the commonwealth’s attorney for Williamsburg-James City and a former VACA president, said legislative staff “created a word problem, and word problems go against prosecutors.”

“If it’s unclear, we lose. We only get to win when the words are clear,” Green said, adding that he though lawmakers might need to convene a special session to address the issue. “We are worried about it. We are trying to look at the language thoroughly and comprehensively to determine the best path forward.”

State Police Superintendent Jeffrey Katz, for his part, said in a social media post on Wednesday that the agency would “continue to enforce existing laws, in line with the code of Virginia.”

Del. Paul Krizek (D), who sponsored the House version of standalone legislation to legalize recreational marijuana sales this session that was later adopted into the enacted budget, said on Thursday that “the budget language passed by the General Assembly did not legalize cannabis possession by minors, did not legalize the distribution of cannabis to minors and did not eliminate Virginia’s criminal penalties protecting young people.”

“Virginia law continues to prohibit underage possession and unlawful distribution of cannabis,” he said. “The enactment clauses included in the budget did not change those protections.”

Sen. Lashrecse Aird (D), who led the push to legalize cannabis sales in the Senate this session, added that “unfortunately, misinformation spreads quickly, particularly when it involves complex legislation.”

“Virginians deserve an honest conversation about cannabis policy based on the facts and what the law actually says—not on inaccurate interpretation based on political opinion,” she said. “The individuals peddling these falsehoods have never supported adult-use cannabis in our commonwealth, have never supported establishing a regulated marketplace that would address the harms of decades of cannabis prohibition and stood by while the illicit market flourished in our communities for years.”

Former Virginia Attorney General Jason Miyares (R) criticized what he called “reckless governing” on the part of Democrats.

“Because far left Democrats chose to legislate drug policy through a budget bill instead of a real bill with real hearings, prosecutors across this Commonwealth are now uncertain whether they can even enforce the law against selling marijuana to a minor,” he said. “I am calling on Governor Spanberger and the General Assembly to: immediately acknowledge this drafting failure and call a special session without delay to close this gap and restore certainty that distributing marijuana to a minor remains a crime in Virginia.”

Former Del. Tim Anderson (R) claimed in a social media post that “selling marijuana to kids is now legal thanks to the nitwits in Richmond who have no idea what they are doing,” he said, referring to the state capital where the legislature meets.

The Virginia Code Commission on Wednesday updated the state’s website that list statutes to say that current penalties will stay in effect until July 1 of next year.

Del. Marcus Simon (D), who chairs the Code Commission, said if the language in the bill was followed as written, “an absurd result would have happened.”

“The Division of Legislative Services recommended to the Code Commission that this was an obvious error and so we used our authority to correct this,” he told Cardinal News, saying that the edits are “a fairly routine thing.”

Late last month, the Virginia Senate and House of Delegates adopted the governor’s proposed amendments to budget legislation containing provisions to legalize recreational cannabis sales that they had given initial approval to previously. Because lawmakers accepted her suggested changes in full, the measure was immediately formally enacted into law and didn’t require any further action from the governor.

Spanberger in May vetoed a previous measure to legalize recreational cannabis sales after lawmakers rejected her proposed amendments to the plan. She later negotiated with Aird and Krizek, who sponsored the earlier measure, on a compromise deal that was included in the budget legislation that passed.

The new plan differs significantly in several ways from the earlier legislation.

For example, it sets the launch date for recreational marijuana sales at July 1, 2027, which is what Spanberger proposed in contrast to the January 1 date in what lawmakers had passed.

It also sets the legal public marijuana possession and per-transaction purchase limit at 2 ounces, an increase from the current legal limit of one ounce. The legislation lawmakers passed earlier this year would have allowed adults to possess up to 2.5 ounces.

The bill also cedes to Spanberger on language to increase a marijuana excise tax from 6 percent to 8 percent after two years of legal sales.

By way of compromise, the new agreement will make public consumption of marijuana punishable by a civil penalty of $250—a significant increase from the $25 in current law but less harsh than the class 4 criminal misdemeanor the governor sought in her proposed changes to the previous bill.

Lawmakers passed the initial cannabis sales bills in March, but the governor then suggested changes to the legalization proposal—including delaying the start date for sales by six months, increasing taxes and instituting new criminal penalties for cannabis consumers. The legislature in April declined to take up the amendments during a one-day reconvened session, however, effectively rejecting them. Spanberger then issued a veto.

Spanberger said in June that she was having “really productive” and “incredible” conversations with lawmakers about crafting a compromise approach to legalizing adult-use cannabis sales, and Marijuana Moment previously reported on the ongoing talks.

The governor, meanwhile, has tried to publicly explain her veto—including by saying it is her view that “taking a little bit longer” to launch the market is not something she sees as “negative” because it is more important to get the details right than to do it fast.

A recent survey found that bipartisan majorities of Virginia voters wanted Spanberger to sign the cannabis legislation into law, and that they specifically disagreed with her desire to slow the launch timeline for legal sales.

The governor recently acknowledged in a separate interview that “a lot of people are not pleased” with her veto of the cannabis legislation. “Friends and family are displeased as well,” she said.

Spanberger has repeatedly responded to criticism of her cannabis amendments from the bill sponsors and advocates by saying the suggested changes came after she spoke to the leaders of other states that have already implemented adult-use marijuana markets.

A spokesperson for Spanberger declined to name any other governors she talked to about cannabis in response to a question from Marijuana Moment, however.

The governor separately sought to explain her veto in an earlier interview, reiterating that she supports launching a legal cannabis market but worried about what she called a “rushed timeline” and “far more stores across Virginia” than she thinks are appropriate.

Personal marijuana possession and home cultivation of marijuana has been legal in Virginia since 2021, but then-Gov. Glenn Youngkin (R) twice vetoed bills to provide consumers with a way to legally purchase regulated adult-use cannabis.

Marijuana, the Virginia Cannabis Control Authority (CCA) conducting a survey to gather input from the public and stakeholders as they work to implement the state’s newly enacted law legalizing recreational cannabis sales.

Here are the key details of the new cannabis plan in the budget and how it compares to legislation that Spanberger vetoed—SB 542 and HB 642—as well as her previously proposed amendments to those measures:

• Adults will be able to purchase up to 2 ounces of marijuana in a single transaction, or up to an equivalent amount of other cannabis products as determined by regulators. That will represent an increase from the limit in current law of 1 ounce. Lawmakers previously proposed setting the amount at 2.5 ounces and the governor only wanted 2 ounces.
• Legal sales can begin on July 1, 2027. Lawmakers previously set the date for January 1, 2027, but the governor wanted it pushed back to July 1.
• There will be an excise tax of 6 percent on cannabis sales as well as a 5.3 percent retail sales and use tax, and municipalities will be allowed to set an additional local tax of up to 3.5 percent. Starting on July 1, 2029, the state excise tax will increase to 8 percent, in line with the governor’s previously proposed amendments.
• Revenue will be distributed to the Cannabis Equity Reinvestment Fund, early childhood education, the Department of Behavioral & Developmental Health Services and public health initiatives. The earlier measure passed by lawmakers would have allocated specific percentages to each, but the new language doesn’t specify what portion of revenue will go to each program. The governor, in her amendments, wanted to put all revenue into the general fund while earmarking it “for purposes such as early childhood education, behavioral health, public health awareness, prevention, treatment, and recovery services, workforce development, reentry, indigent criminal defense, and targeted reinvestment in historically disadvantaged communities.” Her amendment also sought to eliminate support for the Cannabis Equity Reinvestment Fund.
• The Virginia Cannabis Control Authority will oversee licensing and regulation of the new industry, and will also take on oversight of hemp, which is currently under the Department of Agriculture and Consumer Services. The body will be governed by a five-member board of directors appointed by the governor, whereas the bill previously passed by lawmakers contemplated a seven-member body with four appointed by the governor, two appointed by the speaker of the House and one appointed by the Senate Rules Committee.
• The definition of what constitutes a legal hemp product will be narrowed by removing a provision from current law that allows those containing more than 2 milligrams of total THC per package if they also have a ratio of CBD to THC that is 25:1 or more.
• Up to 350 retail marijuana stores will be allowed to be licensed to operate across the state, the same number that lawmakers had approved and greater than the 200 the governor had proposed.
• Local governments will not be able to opt of allowing marijuana businesses to operate in their area.
• Delivery services will be allowed.
• Serving sizes will be capped at 10 milligrams THC, with no more than 100 mg THC per package.
• Public use of marijuana will be a civil violation punishable by a $250 fine. That is ten times more than the $25 fine under current law, but less harsh than the class 4 criminal misdemeanor crime the governor had proposed. Possession of cannabis by people under the age of 21 will be punishable by a $25 fine and mandatory participation in a substance abuse treatment or education program or both. The governor had suggested treating underage possession as a class 1 misdemeanor, punishable with a mandatory minimum fine of $500 or 50 hours of community service, as well as the suspension of drivers licenses for at least six months.
• Existing medical cannabis operators can enter the adult-use market if they pay a $10 million licensing conversion fee.
• Cannabis businesses will have to establish labor peace agreements with workers.
• A legislative commission will be directed to study adding on-site consumption licenses and microbusiness cannabis event permits that would allow licensees to conduct sales at venues like farmers markets or pop-up locations. That provision was also included in the earlier legislation lawmakers passed but was suggested for deletion by the governor.