Virginia Moves Closer to Cannabis Sales Launch

RICHMOND – Virginia’s General Assembly moved forward with key Cannabis legislation, as committees approved measures to establish a regulated adult-use retail market and create a process for resentencing individuals convicted under older Cannabis laws.

The House Appropriations Committee passed HB 642, sponsored by Del. Paul Krizek (D), in a 16-6 vote. The bill sets up a framework for retail Cannabis sales overseen by the Virginia Cannabis Control Authority, with the possible start date of November 1, 2026. This timeline is earlier than the January 1, 2027, date in the Senate companion bill, SB 542, which advanced from the Senate Courts of Justice Committee the previous week in a 9-6 vote after amendments that raised certain penalties for unlicensed sales, possession and distribution. Those changes drew criticism from some Democrats and advocacy organizations, who argued they could reinforce enforcement disparities.

In a separate action on the same day, the House Appropriations Committee approved HB 26, from Del. Rozia Henson (D), also by a 16-6 vote. The measure would allow automatic hearings for sentence modifications for people still incarcerated or under supervision for qualifying felony Cannabis offenses [related to possession, manufacture, sale, or distribution] committed before July 1, 2021, when personal possession became legal in the state.

The Senate Finance and Appropriations Committee passed the companion resentencing bill, SB 62, sponsored by Sen. Louise Lucas (D), in a 10-4 vote.

Virginia has permitted adults to possess and cultivate small amounts of Cannabis at home since 2021, but repeated efforts to authorize regulated sales stalled under former Gov. Glenn Youngkin. With Democratic majorities in both chambers and Gov. Abigail Spanberger in office, the proposals have gained traction. The bills now face further consideration, including potential reconciliation of differences on timelines and penalty provisions before full votes.

If enacted, the retail framework would introduce licensing, taxation [including a 6% excise tax plus the state’s 5.3% sales tax and possible local add-ons] and tracking systems. The resentencing provisions aim to address legacy convictions tied to conduct now permitted for personal use.

Writ large, these committee votes represent tangible progress toward closing the gap between possession legalization and establishing a functional retail system in Virginia. The differing start dates and ongoing debates over enforcement reflect the complexities of aligning regulatory rollout with public safety and equity priorities. Final passage will turn on negotiations in the coming weeks, with potential to deliver both new revenue streams and meaningful criminal justice relief.

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