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Virginians will be lighting their joints on July 1

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

Starting July 1, Virginia will be the first state in the southern United States to allow the use of recreational marijuana. That’s because on April 21, at the close of this year’s General Assembly session, Governor Ralph Northam signed a historic marijuana legalization bill allowing adults to possess small amounts of pot. Although the original bill that passed the General Assembly wouldn’t have taken effect for a few years, pressure from civil rights and other advocacy groups led to amendments late in the legislative process, which advanced the effective date to July 1. While the date is fast approaching, the regulatory and logistical issues are complicated and will likely take years to address fully.

What new law says

Virginia’s new law permits adults over the age of 21 to possess up to an ounce of marijuana and allows for the home cultivation of four plants. Adult possession of more than an ounce is subject to a $25 civil penalty, while possession of more than a pound remains a criminal felony. Children and teenagers may not possess marijuana or access plants grown at home. In addition, the new law establishes a process to expunge past criminal convictions, which many civil rights groups supported.

While the decriminalization of marijuana will be complete within a month, the regulatory process for the purchase and sale of pot will take much longer. A new agency called the Virginia Cannabis Control Authority will oversee and regulate the commercial market for marijuana, and retail sales aren’t expected to begin until January 2024.

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