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Gov. Abigail Spanberger has proposed delaying the launch of Virginia’s recreational marijuana market while reducing the number of stores and imposing tougher penalties for several cannabis-related offenses.
Her substitute versions of HB 642 and SB 542 would move the start of legal retail sales from Jan. 1 to July 1, 2027. The proposal would also set the marijuana possession limit at 2 ounces instead of the General Assembly’s proposed 2.5 ounces. Virginia’s current limit is 1 ounce.
The number of permitted stores would fall from 350 to 200 until Jan. 1, 2029.
Spanberger’s changes include a Class 2 felony for transporting more than 50 pounds of marijuana into Virginia, an offense punishable by 20 years to life in prison. Underage possession would become a Class 1 misdemeanor carrying higher fines, community service and a driver’s license suspension.
Public consumption would carry a Class 4 misdemeanor and a fine of up to $250, replacing the $25 civil penalty in the legislature’s version. The substitute also proposes escalating penalties tied to the number of plants possessed and adds a conspiracy provision.
The state cannabis tax would initially remain at 6% before increasing to 8% on July 1, 2029. Local governments could still impose an additional tax ranging from 1% to 3.5%.
Spanberger also wants to remove dedicated uses for cannabis tax revenue. The original legislation would have directed 40% toward early childhood care and education and 30% to a Cannabis Equity Reinvestment Fund. Her substitute would also eliminate state support for small businesses seeking to enter the market.
“We are working to set up a marketplace that is controlled, regulated, and responsible — because legal markets only succeed when there are clear guardrails and enforcement to back it up,” Spanberger said.
She also called for stronger consequences for vape shops she said have targeted children, arguing that Virginia must prevent a legal marijuana market from worsening that problem.
The legislation’s sponsors, Del. Paul Krizek and state Sen. Lashrecse Aird, said some of Spanberger’s amendments are acceptable but argued that the overall proposal falls short of their bill’s goals.
Krizek, whose 16th District includes parts of Mount Vernon and Franconia in Fairfax County, said the changes would make the legal market less accessible. He warned that fewer licenses, a delayed opening and higher barriers to entry would cost revenue, postpone economic opportunities and eliminate investment in small businesses.
Aird said the substitute could allow illegal marijuana sales to continue flourishing, leaving consumers exposed to untested products, inconsistent potency and weaker protections. She also argued that it would undermine safeguards intended to limit youth access and enforce accountability.
Former Gov. Glenn Youngkin vetoed a similar attempt to establish a retail marijuana market last year. Virginia became the first Southern state to legalize marijuana in 2021, allowing adults 21 and older to possess up to 1 ounce, grow a limited number of plants and obtain medical marijuana from an approved provider.
The marijuana bills are among 180 measures amended by Spanberger. She also signed 972 bills and vetoed eight, including the contentious Fairfax County casino proposal.
The General Assembly is scheduled to reconvene April 22 to consider the governor’s changes.