Gov. Abigail Spanberger vetoed legislation that would have established a retail weed market. Sen. Lashrecse Aird, D-Henrico, and Del. Paul Krizek, D-Fairfax, sponsored the legislation. Spanberger cited the need to ensure Virginia has time to implement the framework before the launch of a retail market, and implied she will support this effort in the future.
“The Governor’s veto ignores the reality that cannabis is already being sold everyday across Virginia,” Aird and Krizek said in a joint statement. “The only question is whether we as leaders will finally ensure those sales occur within a legal, regulated market or continue turning a blind eye to a booming illicit market while pretending to be outraged by its existence.”
This veto comes after the General Assembly rejected all of Spanberger’s proposed amendments to the legislation.
“It is critical that we incorporate lessons learned by other states and ensure that our regulatory framework is fully prepared to provide strong oversight from day one,” Spanberger said in a statement Tuesday afternoon. “That includes clear enforcement authority and sufficient resources for compliance, testing, and inspections, and robust tools to crack down on bad actors who continue to profit from the illicit market.”
Spanberger, in an interview with Virginia Scope last month, said her amendment proposals were intended to “clearly define what a legal market is” and ensure Virginia has enough time to build out the regulatory framework.
The governor wanted to delay the originally planned start date of Jan. 1 by six months, eventually increase the sales tax, reduce the number of retail stores, and impose new criminal penalties.
“By making the legal market harder to access, this proposal allows the illicit market to continue to thrive in every corner store in our Commonwealth,” Aird said last month in response to the amendment proposals. “That undermines the core goals of legalization and increases the likelihood of untested products, inconsistent potency, and lacks consumer protections.”
In April, Spanberger told Virginia Scope that she spoke with governors of other states with retail markets to seek advice.
“Across the board, the top priority that people continue to put forth is do it methodically — because you have to do it right the first time,” Spanberger said.
She also proposed multiple new criminal charges related to marijuana, including one that will make it a Class 2 felony to transport more than 50 pounds of marijuana across the border into Virginia. A Class 2 felony can result in life in prison.
Her changes would have also created a mandatory minimum $500 fine and made it a Class 1 misdemeanor to possess marijuana if you are under 21 years old. The original legislation that passed out of the General Assembly imposed a $25 civil fine and a substance abuse education requirement.
In the General Assembly’s version, public consumption of marijuana would have carried a $25 civil fine for a first and second offense. Spanberger’s substitute instead would have made the first offense a Class 4 misdemeanor — the same as public intoxication.
Spanberger said the proposed changes were intended to better align the retail market with how the law is enforced.
“It’s about making very clear that while we have a legal recreational marijuana market, or we are moving towards a retail recreational marijuana market, that it’s still clear that there are certain things that continue to be illegal,” she said in April.
Spanberger also wanted to increase the sales tax from 6% to 8% on July 1, 2029, and reduce the number of stores in the commonwealth to 200, compared to 350 in the original bill.
“I greatly appreciate the patrons’ time crafting this important piece of legislation as well as our continued dialogue and collaboration to strengthen this framework ahead of the next legislative session,” Spanberger said Tuesday. “I remain committed to working with members of the General Assembly, stakeholders, and law enforcement to get this right.”
This veto will impact budget negotiations, as the retail market was projected to generate $400 million in annual revenue over the next five years.
“She still has the opportunity to leave a chunk of it in, and it all adds up, and we need it all,” Senate Majority Leader Scott Surovell, D-Fairfax, said during a Tuesday morning meeting with the Appropriations Committee, prior to the veto announcement.
Legislators have yet to reach an agreement on a final budget. The deadline to avoid a government shutdown is June 30 at 11:59 p.m.