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Virginia to legalize recreational pot

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

In 2020, Virginia was the first southern state to ban discrimination based on hairstyles. This year, the state is on the verge of making history once again by becoming the first in the South to legalize and regulate recreational marijuana.

How we got here

The 2020 Virginia General Assembly decriminalized pot by eliminating criminal sentences and replacing them with small fines. Now, in this year’s legislative session, both the House of Delegates and the Senate passed bills establishing a regulatory framework for legal sales of recreational marijuana.

While both marijuana bills are similar in the manner in which the Commonwealth will handle the taxing and sale of recreational marijuana, some differences will need to be ironed out in the coming weeks during an extended legislative session. Most prominently, the senate bill allows local governments to opt out of marijuana sales and requires another General Assembly vote in 2022 to finalize the regulatory process.

Whatever compromise is reached between the house and the senate, Virginia Governor Ralph Northam has indicated he will likely sign the final bill into law.

Many unanswered questions

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