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Virginia legalizes recreational pot, but questions remain

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

The Old Dominion has become the first state in the South and the 16th overall to legalize marijuana. With only hours to go before the end of this year’s legislative session, the state senate and house of delegates struck a compromise and passed a bill that will legalize marijuana for adult recreational use and retail sales in 2024. The vote occurred on a party-line basis without any Republican support. Democratic Governor Ralph Northam has been backing the legalization efforts, and there’s little doubt he will sign the legislation into law.

Details of new law

The new Virginia law will make possession of up to an ounce of marijuana legal when sales are slated to begin in 2024. The bill also will allow home cultivation of four plants for each household. Revenue generated through the marijuana sales will be designated for pre-K education and public health initiatives in the state.

Significantly, the legislation includes a clause requiring a second vote in the General Assembly next year to approve the requirements for regulating the marijuana sales, but the procedural hurdle won’t affect the timeline for legalization. With the General Assembly up for election in November, the task of finalizing the regulatory framework therefore has been left to a group whose configuration in terms of legislators and party affiliation is as yet unknown.

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