Virginia State Police is clarifying its marijuana enforcement policy after an internal email showed instructions from a lieutenant stating that there are “no Code of Virginia violations related to marijuana” following changes enacted in this year’s state budget, a directive that aligned with questions over whether Virginia inadvertently created a yearlong gap in its marijuana laws.
VSP Superintendent Jeff Katz indicated, however, that VSP will continue to enforce cannabis laws.
“VSP acknowledges that there have been rumors and questions pertaining to the agency’s posture on cannabis enforcement,” he said in a statement. “I would like to make it clear that the Virginia state police will continue to enforce existing laws, in line with the code of Virginia.”
The state code says in the title of the relevant law that repeal will not occur until July 1, 2027, when the new marijuana law goes into effect.
How we got here
Virginia Scope obtained an internal email from Lt. Brandy A. Molinar stating that there are currently no laws for marijuana enforcement in Virginia.
“As of July 1, 2026, there are no Code of Virginia violations related to marijuana,” Molinar wrote, adding that an informational bulletin would follow with more guidance. Any enforcement action taken since July 1 was to be reported to her immediately so the appropriate commonwealth’s attorney could be notified, the email said. Task force coordinators were told to relay the directive to all task force officers and ensure compliance “until further notice.”
It is unclear who the email was sent to. A source with knowledge of the situation told Virginia Scope that Molinar was erring on the side of caution while awaiting further guidance.
The email from Molinar said that if an arrest stemmed from a seizure of more than five pounds of marijuana, VSP could coordinate with the U.S. Drug Enforcement Administration, which she said would “adopt” such cases for federal prosecution — but only if contacted before any enforcement action was taken.
Multiple commonwealth’s attorneys quickly raised a flag with colleagues, with one sending an email to the statewide listserv for localities.
The confusion stems from this year’s state budget bill, House Bill 30, which included new marijuana marketplace legislation as part of its enactment clauses. According to the legal opinion of one commonwealth’s attorney and a separate advisory sent to prosecutors statewide by the Virginia Association of Commonwealth’s Attorneys (VACA), the bill repealed two existing marijuana statutes — § 18.2-248.1, which criminalizes distribution and possession with intent to distribute, and § 4.1-1105.1, which bars possession by anyone under 21 — without specifying a delayed effective date for the repeal itself.
The new regulatory framework, meant to replace those statutes, is contained in a separate enactment of the bill and does not take effect until July 1, 2027. The argument is that the repeal of the old laws took effect immediately alongside the rest of the budget bill on July 1, 2026 — creating a yearlong gap in which, they say, marijuana distribution and underage possession are effectively unregulated under state law.
“It is my opinion that … the sale, distribution or [possession with intent to distribute] of marijuana as well as the possession of marijuana by juveniles is entirely unregulated until July 1, 2027,” one commonwealth’s attorney wrote in a memo. The attorney added that the change would not affect cases or forfeitures tied to conduct that occurred before July 1.
VACA leadership raised the same concern in an email to commonwealth’s attorneys statewide, writing that the language “invites an argument” that the two statutes were repealed when the budget bill took effect, while the marketplace framework meant to replace them was delayed a full year. The association said its Legislative Committee was preparing a more thorough legal analysis, expected within 48 hours of the email.
Sen. Lashresce Aird, D-Henrico, and Del. Paul Krizek, D-Fairfax, sponsored the retail market legislation that is being blamed for the confusion. They said the assumption that marijuana is legal for everyone is “unequivocally false.”
“Let me be absolutely clear: the budget language passed by the General Assembly did not legalize cannabis possession by minors, did not legalize the distribution of cannabis to minors and did not eliminate Virginia’s criminal penalties protecting young people,” Krizek said. “Virginia law continues to prohibit underage possession and unlawful distribution of cannabis. The enactment clauses included in the budget did not change those protections.”
Aird said misinformation travels quickly when complex legislation is involved.
“Virginians deserve an honest conversation about cannabis policy based on the facts and what the law actually says – not on inaccurate interpretation based on political opinion,” Aird said. “The individuals peddling these falsehoods have never supported adult-use cannabis in our Commonwealth, have never supported establishing a regulated marketplace that would address the harms of decades of cannabis prohibition, and stood by while the illicit market flourished in our communities for years.”
Gov. Abigail Spanberger did not immediately respond to a request for comment Wednesday night.