Despite Legalization, Still No Recreational Sales in Virginia

Guide to Virginia Dispensaries
By Deb Tharp Published April 4th

Virginia Governor Youngkin has once again vetoed cannabis reform bills, including one that would have finally allowed recreational cannabis sales.

Youngkin says that other states with legalized cannabis have suffered from “adverse effects on children’s and adolescents’ health and safety, increased gang activity and violent crime, significant deterioration in mental health, decreased road safety, and significant costs associated with retail marijuana that far exceed tax revenue.”

Three Bills Rejected in Total

Here is a rundown of the bills that Youngkin rejected:

  • House Bill 2485 focused on establishing a taxed retail market for cannabis. The bill also set up funding for law enforcement and substance abuse programs.  
  • House Bill 2555 aimed to hold sentence modification hearings for past marijuana-related felonies. Youngkin argued that it would burden courts and reduce sentences for serious offenders. However, violent crime exclusions had already been added to the bill to address those concerns.
  • House Bill 2613 was intended to prevent legal cannabis use from affecting parental custody or visitation rights. Youngkin vetoed the bill due to perceived risks to children.

What Does This Mean for Consumers?

Cannabis is still legal to possess and even grow in Virginia. Consumers can possess up to one ounce and cultivate up to four plants at home. However, home cultivation is difficult or impossible for renters or consumers with mobility issues. These consumers are likely to purchase from hemp shops, the black market, or other states with legal cannabis. 

Purchasing from the black market or transporting personal amounts of cannabis over the state line opens consumers up to prosecution for otherwise legal behavior and presents several public safety risks.

There are Still Options for Safe Access in Virginia

Meanwhile, patients still have options for safe, legal access. Virginia has a fully functional medical cannabis program. In total, there are 23 medical cannabis dispensary locations open in the state. Virginia allows medical cannabis recommendations for "treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use in accordance with the provisions of § 4.1-1601."

So most Virginians with medical conditions already qualify to purchase tested, legal cannabis at a state-licensed dispensary. Until legalized sales begin in the state, medical cannabis is the best option for access. Even after legal recreational sales begin, there will likely be significant benefits to retaining a medical cannabis recommendation.

It will take at least another year for the legislature to pass another bill to open recreational sales. Until then, Virginians may:

  • Possess up to one ounce as an adult consumer or up to a 90 day supply as a medical patient.
  • Medical patients are allowed to purchase up to four ounces of flower every 30 days.
  • Adult users and medical patients over 21 can cultivate up to four plants at home.
  • Adults are allowed to gift up to one ounce of cannabis to other adults without remuneration. 
  • Adults can gift seeds and seedlings for personal cultivation up to the one ounce/four plant limit.

Learn more about Virginia's cannabis laws and regulations, and sign up for NuggMD's Weekly Sesh newsletter for more consumer stories, tips, and recommendations.

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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.

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