On Wednesday January 13th, Virginia Governor Ralph Northam (D) made his State of the Commonwealth address. In that speech, he stated that, “Our criminal justice system treats different people unfairly” and that, “One of the early leaders of the federal Drug Enforcement Agency [sic] was clear that marijuana laws should be written explicitly to target people of color. And so they were, and they’ve been targeting people for years.” Research has shown that white men consume as much cannabis as black men. Unfortunately, black men are four times more likely to be arrested according to the American Civil Liberties Union (ACLU). 

Racial Inequalities

To counter this racial injustice, the same day as his speech, Governor Northam introduced SB 1406. The goal of the bill is complete marijuana legalization in Virginia. This proposed bill went to the Senate for examination, specifically the Marijuana subcommittee. Yesterday, January 20, the committee met to vote on some of the proposed amendments. With a vote of 4-3, the committee approved the amendments and submitted SB 1406 to the full committee vote. It’s likely to pass a majority ruling. 

The bill would create a system of regulated products and taxed sales of marijuana for those 21 and older. Consumers can purchase and possess up to one ounce of marijuana at one time. They can also grow up to four plants within their private residence. A max of two plants allowed to be mature. The bill would create an independent agency and hold it responsible for the regulation of cannabis across the state. This would allow the Virginia Alcohol Beverage Control Authority to not fall under more pressure. 

All businesses applying for a cannabis distribution license must have at least half (50 percent) of their ownership held by a disaadvantaged person. Plus, each business would need a license to sell each types of cannabis product sold. For example, a business would need a license for recreational marijuana and one for medical marijuana. As long as a business holds all the appropriate licenses and can separate and accurately label each product they are selling, then a business can sell more than one type of product. These are all done in order to combat many of the racial inequalities laws and orders have led to previously.

What SB 1406 Offers

Sales won’t start until 2024. Once sales start, each one will have a 21 percent sales tax placed on them. Individual municipalities can add on up to three percent more tax on any type of marijuana sale. The revenue from the sales tax would be put back into the community, also stated by the proposed bill. 40 percent of the revenue collected would go to funding pre-k programs for everyone, especially for disadvantaged people. 30 percent of revenue collected goes to the Cannabis Equity Reinvestment Fund. 25 percent would go to the substance misuse and treatment programs. The last five percent would go towards public health initiatives. 

This breakdown will help bring revenue to the state. SB 1406 also supports those who have experienced disadvantages, and support local businesses. Governor Northam could possibly make a series of expungements and pardons for minor charges such as marijuana possession charges. This is in an effort to move forward the decriminalization cannabis and make it readily available for all who qualify. The goal is to have marijuana legalization complete in Virginia by the end of the year.

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