Just hours before the final legalization deadline, the House and the Senate in Virginia voted on a compromise. This plan is a combination of both SB 1406 and HB 2312 approved at the beginning of February. However, a compromise was hard to reach as both chambers were asking for different provisions and regulations. 

Because it became difficult to compromise each bill, lawmakers pushed back the final bill until the last minute. The Senate approved the compromise with a 20-19 vote and the House approved it with a 48-43 with two abstaining. One of the biggest hold-ups came from lawmakers who wanted social equity in the bill. It would help those most affected by cannabis prohibition and the war on drugs. 

“It is about reformative justice that provides equitable and social economic opportunity for individuals and communities which have been harmed by disproportionate policing and prosecution of cannabis,” House Majority Leader Charniele Herring (D) said. “Legalizing cannabis does not end systematic racism but it does remove one of the tools used in advancing systematic racism.”

Compromise

There are several differences between the original bills and what appeared in the Virginia compromise:

Local Decisions

SB 1406 originally stated individual cities can ban marijuana businesses from operating in a city. But HB 2312 didn’t call for this. The compromise is municipalities can elect to ban cannabis commercial sales in their municipalities. Bans must be made by the end of 2022.

Youth Penalties

Under HB 2312, minors will be fined $25 and referred to a substance misuse treatment program for cannabis possession. SB 1406, however, called for $250 fine for minor possession for the first offense. Criminal charges and potential jail time would come for any subsequent convictions. The compromise continues to approach under-age possession as a deliquency with a $25 fine with mandatory substance misuse treatment programs. Those under 17 wouldn’t have to go to court. But those between 18 and 20, who are adults, could face a court trial. They would also have to pay a $25 fine and most likely receive orders for treatment or education programs. 

Social Equity

Both HB 2312 and SB 1406 call for licensing priorities to minority run businesses. However they differ on degree of ownership required before they receive a license. The compromise created an equity business definition. At least ⅔ of the business ownership would need to be a person of a minority, someone personally convicted of a marijuana misdemeanor, or have family members with convictions.

There’s also qualification for those who live in areas heavily affected by policing and disproportionate arrest rates connected to the War on Drugs. Final qualification would come for those who graduated from a historically black university or college. Beginning on July 1, 2021, the state would establish the Equity Reinvestment Fund and the Cannabis Equity Business Loan Fund. This is to help minority citizens get access to marijuana, run their own businesses, and give back to their communities. 

Future

This compromise bill is now on Governor Northam’s desk. He has been advocating for adult-use legalization since his State of the Commonwealth address in January. It is now his turn to review this compromised bill and potentially propose amendments. If that happens, the compromise returns to the House and Senate for debate.

Whether Governor Northam proposes amendments to the compromise bill or not, legalization won’t begin until 2024. Possession of one ounce of cannabis is still fined in accordance with other Virginia state laws.

As more information develops on the compromise in Virginia, we will update you with the latest. Make sure to check back for more cannabis and hemp related news.