Apparent drafting errors in Virginia’s newly approved budget bill, including in language establishing legal recreational marijuana sales, will require lawmakers to take another vote before the budget can be finalized.
A cannabis industry source familiar with the process told The Marijuana Herald that the conference report contains language that must be corrected, including question marks left in at least one marijuana-related section. Because the budget has already been approved by the legislature, the source said any changes will require lawmakers to vote again.
The issue does not appear to threaten the broader agreement to legalize recreational marijuana sales. Instead, the corrections are being treated as technical changes, with Governor Abigail Spanberger expected to call lawmakers back Monday to fix the language.
“They left things like ?’s in the budget conference report so now the governor has to call everyone back on Monday so that they can fix them,” the source said, adding that the administration is referring to the fixes as technical changes.
The source said the need for another vote is procedural.
“Any changes to it require a revote,” the source said. “That is precisely why she has to call them back.”
One section of the conference report reviewed by The Marijuana Herald appears to show question marks in marijuana enforcement language, including a provision dealing with penalties for consuming marijuana or marijuana products in public.
The budget was approved by lawmakers after Spanberger and legislative leaders reached a compromise to establish legal adult-use marijuana sales after years of delays. Virginia legalized adult possession in 2021, but the state has never launched a licensed recreational retail market.
Under the compromise, recreational marijuana sales would begin on July 1, 2027, with the Cannabis Control Authority beginning license applications on February 1, 2027. The plan would allow up to 350 retail licenses, increase the adult possession limit from 1 ounce to 2 ounces and impose a 6% state marijuana tax, with localities allowed to add an additional local tax. The state tax would later increase to 8% in 2029.
Spanberger vetoed a standalone marijuana sales bill earlier this year, but later reached a revised agreement with State Senator Lashrecse Aird and Delegate Paul Krizek to include the sales framework in the state budget.
The expected Monday vote means the budget language is not yet final. The source said Spanberger may also use the opportunity to request other budget amendments, potentially including language related to an assault weapons ban. However, the source said she is not currently expected to request changes to the cannabis portion of the budget.
