Virginia Bill to Legalize Marijuana Sales “Passed By Indefinitely” in a House Subcommittee Vote

Virginia legislation that would allow for the legal and regulated distribution of marijuana and marijuana products has been “Passed By Indefinitely” in a House subcommittee vote.

Senate Bill 1133 was “Passed By Indefinitely” today in a 5 to 3 vote by the House General Laws Subcommittee. The proposal, sponsored by Senator Jennifer McClellan, was recently approved by the full Senate in a 24 to 16 vote. The subcommittee vote allows it to consider the measure at a later date, but does not yet advance it to the full General Laws Committee.

Although marijuana possession has been legal for those 21 and older in  Virginia since 2021, the state is one of the only with legal marijuana to not also allow legal sales. Senate Bill 1133 would rectify this by establishing a comprehensive system of licensed marijuana retailers and producers.

According to its official summary the measure:

Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024, and allows, beginning July 1, 2023, certain pharmaceutical processors, pending establishment of the retail market, to cultivate, manufacture, and sell cannabis products to persons 21 years of age or older. The bill transitions from the Virginia Department of Agriculture and Consumer Services to the Authority the authority to regulate the testing, labeling, packaging, and advertising of regulated hemp products, as defined in the bill. The bill creates a process by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2022, who remain incarcerated or on community supervision on July 1, 2023, may receive an automatic hearing to consider modification of such person’s sentence.

The measure would create a “transitional sales” period for legal marijuana sales, allowing pharmaceutical processors and a handful of franchisees of those processors to begin retail sales of cannabis starting January 1, 2024. Other applicants could then apply for a license on July 1st of the same year.

Under the proposed law marijuana would have an excise tax of 21%, with localities given the option of implementing an additional tax of up to 3%.

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