The Virginia legislature on Tuesday approved legislation to legalize and regulate sales of recreational marijuana, nearly five years after the state legalized cannabis possession. The House approved House Bill 642 from Democratic Del. Paul Krizek on its third reading by a vote of 65-32, according to a report from Marijuana Moment, while the Virginia Senate voted 21-19 to pass a similar bill from Democratic Sen. Lashrecse Aird (Senate Bill 542). Both bills now head to the opposite chamber for consideration.

Illustration showing "now entering Virginia" highway sign with marijuana leaf

Virginia legalized recreational marijuana possession and home cultivation for adults in 2021, but former Republican Gov. Glenn Youngkin vetoed subsequent bills to regulate sales of adult-use weed twice. Democratic Gov. Abigail Spanberger, who took office last month, has come out in favor of legalizing recreational cannabis sales for adults, setting the scene for the legislation approved by state lawmakers this week.

“Elections have consequences, and that is being proven in real time as we watch legislation move forward to finally bring adult-use sales to the Old Dominion State,” Kevin Caldwell, Southeast legislative manager for the Marijuana Policy Project, writes in an email. “While both chambers put forth similar legislation over the last two years, Republican Gov. Youngkin refused to implement the will of the people. The November elections brought in a new cannabis friendly governor and a General Assembly ready to meet the wants of Virginia’s voters, and they are moving quickly to implement sales.”

Fixing The Status Quo

Before Tuesday’s House vote, Krizek said that his bill is “about fixing a status quo that is not working.”

“In fact, it’s a mess right now. Adult possession of cannabis is legal, but sales are unregulated, and that means no testing, no standards and no oversight whatsoever,” he said. “This bill will replace that gray market—it’s a $5 billion illegal market out there—with a regulated system that protects public health with testing, labeling, packaging and strong enforcement and penalties, and keeps products away from minors.”

The House and Senate bills would both legalize sales of recreational marijuana, although they have key differences, including the start date for regulated sales, cannabis tax rates, conversion fees for medical cannabis businesses to participate in the adult-use market and the establishment of a regulatory agency to oversee Virginia’s cannabis industry.

“Both pieces of legislation reflect the will of the chamber they represent. In a perfect world, we would see elements from both bills in the final product,” says Caldwell. “Nevertheless, we are confident that an adult-use sales bill will reach the desk of Gov. Spanberger, who campaigned on the cornerstone that she was very open to signing such a bill.”

Cannabis Reform Advocates Prefer House Bill

Lawmakers in the House and Senate must pass identical measures to send a bill to Spanberger’s desk. Of the two measures, Caldwell says he prefers Krizek’s bill.

“The House version on tax rates is preferable, because lower initial taxes allow the industry to better compete against the illicit market, while making sure both local and state coffers benefit from the industry,” he notes. “The House’s launch date of November 1, 2026, is reasonable, and as the citizens have been waiting for four years, additional time just entrenches illicit forces. Additionally, the House version’s conversion fee of $10 million is better than the Senate’s version of $15 million, which is very steep. Those costs are passed to consumers in the form of higher prices and may be necessary to set up regulatory bodies, but should be as limited as possible.”