Virginia Governor Abigail Spanberger has proposed a series of amendments to the state budget approved by lawmakers last week, but her recommendations leave intact provisions tied to recreational cannabis sales and a controversial increase in penalties for public marijuana use.
The governor’s changes do not alter language that would establish a legal market for recreational cannabis. They also do not address criticism from advocacy organizations that have urged state leaders to remove a section raising the civil fine for consuming marijuana in public from $25 to $250. Opponents argue the increase would place a heavier burden on low-income residents while worsening racial disparities in enforcement.
Spanberger submitted her proposed revisions on Friday. The House of Delegates and Senate reconvened on Monday to consider the amendments before the budget can take effect ahead of the July 1 deadline.
Supporters of cannabis reform welcomed the budget’s framework for launching legal recreational sales but continued to object to the higher public consumption penalty. Advocacy groups have labeled the increase a “poverty penalty,” arguing it unfairly targets vulnerable communities.
Earlier last week, a coalition led by Marijuana Justice released enforcement figures obtained through the state’s Freedom of Information Act. According to the data, 185 white individuals and 179 Black individuals have faced public cannabis consumption charges since personal marijuana possession became legal in 2021.
Given Virginia’s population demographics, advocates say Black residents are more than three times as likely as white residents to receive those citations.
Despite those findings, Spanberger’s amendments leave the penalty unchanged. Organizations including NORML, the ACLU of Virginia, the Marijuana Policy Project, the Latino Cannabis Alliance, and the Drug Policy Alliance have urged both the governor and lawmakers to reconsider the provision, warning it could deepen existing racial and economic inequalities.
The budget agreement follows months of negotiations after Spanberger vetoed an earlier legalization bill. That measure failed after lawmakers declined to adopt her proposed revisions. She later worked with Democratic legislators to develop a compromise that ultimately became part of the budget package.
Under the revised bill, recreational marijuana sales would begin on July 1, 2027. Adults would be permitted to possess and purchase up to two ounces of cannabis per transaction, an increase from the current one-ounce possession limit but less than the 2.5 ounces approved in an earlier proposal. The agreement also raises the cannabis excise tax from 6% to 8% after two years of legal sales.
Virginia legalized personal marijuana possession and home cultivation in 2021, although a regulated retail market has yet to open. During the current legislative session, the governor also signed separate cannabis-related measures expanding protections for medical patients, preserving parental rights for marijuana consumers, and allowing resentencing opportunities for certain individuals with prior cannabis convictions.
The progress being made to finally establish a legal market for adult-use marijuana in Virginia is likely to be welcomed by the broader marijuana industry, including established companies like Canopy Growth Corp. (NASDAQ: CGC) (TSX: WEED).
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