Virginia 2022 Regular Session

Virginia Senate Bill SB391

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
2/4/22  
Report Pass
2/10/22  
Engrossed
2/14/22  
Engrossed
2/15/22  
Engrossed
2/15/22  

Caption

Cannabis control; retail market.

Impact

The proposed bill fundamentally alters existing laws surrounding cannabis by overriding previous restrictions that limited access and imposed stringent controls on sales. With the establishment of the Virginia Cannabis Control Authority, the bill transitions oversight from the Board of Pharmacy to this new body, which will be charged with enforcing new regulations and issuing licenses. Additionally, the implementation of a 21% tax on cannabis sales, along with a local option for an additional tax, suggests significant revenue generation for state and local governments, with funds earmarked for social equity applicants within the cannabis industry.

Summary

SB391 aims to regulate the retail market for cannabis in Virginia by establishing a comprehensive framework for the sale, cultivation, and distribution of cannabis products. The bill allows for retail sales to unregistered individuals who are 21 years of age and older without requiring a written certification, streamlining access to cannabis products and redefining the landscape of cannabis regulation in the state. Sales must comply with specific packaging and reporting requirements, ensuring a degree of safety and accountability within the emerging market.

Sentiment

Discussions surrounding SB391 reflect a divided sentiment. Advocates of the bill argue that it represents a progressive move towards normalization and legalization of cannabis, fostering economic development and addressing historical inequities in cannabis-related law enforcement. Conversely, critics fear that easing restrictions might lead to negative public health outcomes, particularly among youth, and express concerns regarding the adequacy of regulatory measures to ensure safe consumption.

Contention

Notable points of contention include the specifics of licensing distribution and the prioritization of social equity applicants. While the bill acknowledges the need for diversity and inclusion in the cannabis market, opponents stress that the approach may not go far enough to rectify past injustices faced by affected communities. The provisions for local control over the establishment of cannabis retailers also raise concerns, as localities can hold referendums to prohibit such establishments, potentially creating an uneven patchwork of cannabis laws across the state.

Companion Bills

No companion bills found.

Previously Filed As

VA SB671

Cannabis control; retail market, penalties.

VA SB970

Cannabis control; establishes framework for creating retail market, penalties.

VA HB2485

Cannabis control; establishes framework for creating retail market, penalties.

VA HB642

Cannabis control; establishes framework for creation of retail marijuana market, penalties, report.

VA SB542

Cannabis control; establishes framework for creation of retail marijuana market, penalties, report.

VA SB826

Marijuana; creates framework for retail sales.

VA HB2723

Criminal records; expungement and sealing of records, repeals Sealing Fee Fund.

VA SB1466

Criminal records; expungement and sealing of records, repeals Sealing Fee Fund.

VA HB642

An Act to amend and reenact §§ 2.2-2499.8, 2.2-2818, 2.2-2905, 2.2-3114, 2.2-3711, as it is currently effective and as it shall become effective, 2.2-3802, 2.2-4024, 3.2-4112, 3.2-4113, 3.2-4116, 3.2-4126, 3.2-5145.1, 3.2-5145.2:1, 3.2-5145.4, 4.1-103, 4.1-105, 4.1-352, 4.1-600, 4.1-601, 4.1-603, 4.1-604, 4.1-606, 4.1-607, 4.1-611, 4.1-614, 4.1-621, 4.1-1100, 4.1-1101, 4.1-1121, 4.1-1402, 4.1-1500, 4.1-1501, 4.1-1502, 4.1-1600 through 4.1-1603.2, 4.1-1604, 5.1-13, 9.1-1101, 15.2-912.4, 16.1-69.40:1, 16.1-260, 16.1-273, 16.1-278.9, 18.2-46.1, 18.2-247, 18.2-248, 18.2-248.01, 18.2-251, 18.2-251.03, 18.2-251.1:1, 18.2-251.1:2, 18.2-251.1:3, 18.2-252, 18.2-254, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.1, 18.2-265.2, 18.2-265.3, 18.2-287.2, 18.2-308.012, 18.2-308.4, 18.2-371.2, 18.2-460, 18.2-474.1, 19.2-66, 19.2-81, 19.2-81.1, 19.2-83.1, 19.2-188.1, 19.2-303.01, 19.2-386.22 through 19.2-386.25, 19.2-389, as it is currently effective and as it shall become effective, 19.2-389.3, 19.2-392.02, 19.2-392.6 and 19.2-392.12:1, as they shall become effective, 22.1-206, 22.1-277.08, 23.1-1301, 46.2-105.2, 46.2-347, 48-17.1, 53.1-231.2, 54.1-2903, 54.1-3401, 54.1-3443, 58.1-301, and 59.1-200 of the Code of Virginia; to amend the Code of Virginia by adding in Subtitle II of Title 2.2 a part labeled D, containing a chapter numbered 61, consisting of a section numbered 2.2-6100, by adding in Chapter 6 of Title 4.1 sections numbered 4.1-629 and 4.1-630, by adding in Title 4.1 chapters numbered 7 through 10, consisting of sections numbered 4.1-700 through 4.1-1010, by adding sections numbered 4.1-1102 through 4.1-1105, 4.1-1106, 4.1-1106.1, 4.1-1113, 4.1-1114, 4.1-1115, 4.1-1117, 4.1-1118, and 4.1-1119, by adding in Title 4.1 a chapter numbered 12, consisting of sections numbered 4.1-1200 through 4.1-1206, by adding in Chapter 13 of Title 4.1 sections numbered 4.1-1300, 4.1-1301, and 4.1-1303 through 4.1-1309, by adding in Chapter 14 of Title 4.1 sections numbered 4.1-1403 through 4.1-1407, by adding a section numbered 4.1-1602.1, by adding in Title 4.1 a chapter numbered 17, consisting of sections numbered 4.1-1700 through 4.1-1705, by adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-108, and by adding in Chapter 44 of Title 54.1 a section numbered 54.1-4426; and to repeal Article 4 (§§ 3.2-4122 through 3.2-4126) of Chapter 41.1 of Title 3.2 and §§ 3.2-5145.4:1, 4.1-1101.1, 4.1-1105.1, 18.2-248.1, and 18.2-251.1 of the Code of Virginia, relating to cannabis control; retail market; penalties.

VA HB637

Possession of residue of a controlled substance unlawful; penalties exceptions.

Similar Bills

No similar bills found.