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Old Dominion considers legalizing recreational pot

January 2021 employment law letter
Authors: 
M. Jarrad Wright, DiMuroGinsberg P.C.

In an historic first, Virginia is on the verge of becoming the first state in the South to legalize and regulate recreational marijuana use. This follows the Commonwealth’s recent moves to legalize medical marijuana and decriminalize the use of recreational pot, replacing criminal sentences for personal possession of small amounts of marijuana with a $25 fine. Since the developments, the momentum toward full legalization has only increased. Indeed, one of the major proponents of legalization is Virginia Governor Ralph Northam, who recently predicted “legalizing marijuana will happen in Virginia, and as it happens, we want to make sure it’s regulated properly and we do it the right way.”

Legislative push

When the Virginia General Assembly convenes in January for 30 days, Governor Northam and his allies have announced their intent to submit legislation completing the marijuana legalization process. While political commentators predict the Democratic-controlled House of Delegates likely will pass legalization legislation, its fate in the Senate is less certain, with Senate Majority Leader Dick Saslaw saying the odds are “slightly better than 50-50.”

At this point, the form and contents of any proposed legislation are unknown. Although various proposals have been suggested in the past, to date Governor Northam hasn’t endorsed any specific approach. Instead, he is considering the conclusions of two recent studies on the issue:

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