Marijuana advocates are pushing back against a deal between Gov. Abigail Spanberger and the General Assembly that would increase Virginia’s public marijuana consumption fine. Advocates argue that a higher penalty would disproportionately harm Black, brown and low-income Virginians.
The increase comes from a deal struck by the bill patrons and Spanberger after the governor vetoed the original legislation that would establish a retail marijuana market in Virginia.
Marijuana Justice, a cannabis reform advocacy group, announced a campaign Tuesday opposing the compromise proposal that would increase the civil fine for consuming marijuana in public from $25 to $250. The group is calling the proposed increase a “poverty penalty” and is asking lawmakers to keep the current fine in place.
The legislation was inserted into the budget agreement that the General Assembly sent to Spanberger earlier this week. The governor has time to offer amendments, but she has stated she supports the new framework for establishing a retail market.
Spanberger tried to amend the original legislation, with concerns about the timeline for the start date. The governor wanted six more months and some additional criminal penalties.
The General Assembly ultimately rejected her proposed amendments, leading to Spanberger’s veto.
Spanberger’s administration and the legislation’s patrons, Sen. Lashresce Aird, D-Henrico, and Del. Paul Krizek, D-Fairfax, worked together after the veto to put together a deal to be included in the budget.
The deal includes this drastic increase in the fine for public consumption, as well as a later start date for recreational sales — July 1, 2027.
Data obtained from the Office of the Executive Secretary of the Supreme Court of Virginia shows racial disparities remain in marijuana enforcement despite legalization in 2021.
There have been 375 public marijuana consumption citations issued statewide since legalization. Black Virginians received 179 of those citations, while white Virginians received 185.
Black residents only make up about 19% of Virginia’s population — however, they accounted for nearly 48% of public consumption citations.
“This data shows that legalization alone has not ended racially biased marijuana policing in Virginia,” Marijuana Justice said in its announcement.
The organization argues that increasing the fine would create additional financial consequences for people who cannot afford to pay.
“A $250 ticket may be a minor inconvenience for wealthier residents, but for renters, people living in federal public housing, and Virginians experiencing homelessness, it can create significant financial hardship,” the group said.
Marijuana Justice launched a sign-on letter backed by organizations including the ACLU of Virginia, Drug Policy Alliance, Legal Aid Justice Center, Marijuana Policy Project and New Virginia Majority. The letter urges state leaders to maintain the $25 fine, reject new criminal penalties for low-level marijuana use and consider racial equity when making cannabis policy decisions.
Spanberger, Aird, and Krizek did not respond to a request for comment in this story.
The General Assembly legalized possession of small amounts of marijuana in 2021, but has not authorized a regulated retail sales system.