Virginia Gov. Abigail Spanberger (D) defended her proposed amendments to the state's cannabis sales legalization bill Tuesday, saying conversations with governors of states with adult-use markets all produced the same counsel: implement the system methodically and get it right the first time. Her office did not respond to a request for clarification on which governors she consulted.
On Monday, Spanberger proposed amendments to SB 542 and HB 642 — delaying the market launch six months, raising taxes, and adding criminal penalties. The bill's sponsors pushed back, saying the governor's proposal "creates a less accessible legal marketplace" and "represents a significant departure from the framework passed by the General Assembly, raising serious concerns about fairness, access and public safety."
Key differences between the legislature's bill and Spanberger's amendments:
- Purchase limit: Lawmakers set 2.5 oz per transaction (up from 1 oz); governor: 2 oz.
- Sales launch: January 1, 2027 (lawmakers) vs. July 1, 2027 (governor).
- Taxes: 6% excise plus 5.3% retail and up to 3.5% local (lawmakers); governor adds an 8% excise starting July 1, 2029.
- Revenue: Lawmakers direct funds to the Cannabis Equity Reinvestment Fund (30%), early childhood education (40%), the Department of Behavioral & Developmental Health Services (25%), and public health (5%). The governor would redirect all to the general fund for similar purposes, eliminating the dedicated fund.
- Regulation: The Virginia Cannabis Control Authority would oversee licensing and regulation, taking on hemp oversight from the Department of Agriculture and Consumer Services. Local governments cannot opt out. Delivery is permitted. Serving sizes cap at 10mg THC; packages at 100mg THC.
- Governor's criminal penalties: Public cannabis use becomes a class 4 misdemeanor (replacing a $25 civil fine); under-21 possession becomes a class 1 misdemeanor with a mandatory $500 fine or 50 community-service hours and a minimum six-month license suspension; selling or distributing 50+ lbs illegally becomes a class 2 felony punishable by life in prison.
- Other governor changes: Medical cannabis operators can enter the adult-use market for a $10 million conversion fee; businesses must establish labor peace agreements; a directive to study on-site consumption licenses and event permits at farmers markets and pop-up venues would be removed.
The legislature reconvenes April 22 to address the amendments. Spanberger also proposed changes to separate resentencing legislation for prior marijuana convictions and signed bills protecting cannabis consumers' parental rights and allowing medical cannabis in hospitals.
