US State Scrambles to Clarify Whether New Marijuana Law Erased All Penalties

Virginia officials are moving to clarify that a budget bill legalizing marijuana sales did not erase all cannabis penalties, after police and prosecutors flagged confusion over its effective dates. Lt. Brandy A. Molinar of the Virginia State Police sent an internal email this week saying "as of July 1, 2026, there are no Code of Virginia violations related to marijuana," and told officers to report cannabis enforcement since then to her, noting cases over five pounds go to the DEA. Del. Wren M. Williams (R), who opposed legalization, said on social media that Democratic majorities and Gov. Abigail Spanberger (D) had created "a one-year gap before new laws take effect." The confusion stems from budget language repealing penalties for distribution, possession with intent to distribute, and underage possession without specifying effective dates, while the new sales system doesn't start until July 1, 2027—raising doubts about a year-long gap in enforcement. The Virginia Association of Commonwealth's Attorneys said the drafting "invites an argument" over which laws apply. Nate Green, a Williamsburg-James City prosecutor, said "legislative staff created a word problem, and word problems go against prosecutors," adding that a special session might be needed. State Police Superintendent Jeffrey Katz said the agency would keep enforcing existing law "in line with the code of Virginia." Del. Paul Krizek (D), the House sponsor, said the budget "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." Sen. Lashrecse Aird (D) said critics were spreading misinformation and "have never supported adult-use cannabis in our commonwealth." Former Attorney General Jason Miyares (R) called it "reckless governing," and former Del. Tim Anderson (R) claimed that "selling marijuana to kids is now legal." The Virginia Code Commission, chaired by Del. Marcus Simon (D), updated the state code website Wednesday to say penalties remain in force until July 1, 2027, calling the drafting an "obvious error" the commission had authority to fix. The dispute follows Spanberger's May veto of an earlier sales bill after lawmakers rejected her amendments. Her later compromise with Aird and Krizek sets sales to launch July 1, 2027, raises the possession/purchase limit to 2 ounces, lifts the excise tax from 6% to 8% after two years, and makes public consumption a $250 civil fine, up from $25. The Cannabis Control Authority is surveying the public to shape regulations.