Signed by Governor Ralph Northam

Vote Smart's Synopsis:

Vote to pass a bill that extends adult cannabis use and eliminates criminal penalties.

Highlights:

• Authorizes individuals 21 and over to lawfully possess not more than one ounce (28 grams) of marijuana or an equivalent amount of marijuana products as determined by regulation (Ch. 11, Sec. 4.1).

• Specifies that any individual found possessing over one ounce of marijuana or marijuana products shall be subject to a civil penalty of no more than $25 (Ch. 11, Sec. 4.1).

• Authorizes individuals 21 and older to cultivate no more than 2 mature marijuana plants and 2 immature marijuana plants for personal use at their place of residence (Ch. 11, Sec. 4.1).

• Specifies that any individual caught with 5 lb or more of marijuana shall be guilty of a felony and subject to a prison sentence of 1-10 years and a fine of not more than $250,000 (Ch. 11, Sec. 4.1).

• Prohibits consuming marijuana or marijuana products in public places and specifies that any violation shall result in a Class 4 misdemeanor (Sec. 11, Sec. 4.1).

• Prohibits possessing marijuana on school grounds or property and specifies that violations may result in a Class 2 misdemeanor and 6 month jail sentence (Ch. 11, Sec. 4.1).

• Prohibits any individual from consuming marijuana or marijuana products while driving a motor vehicle and specifies that violators shall be guilty of a Class 1 misdemeanor (Ch. 11, Sec. 4.1).

• Prohibits marijuana and marijuana products from being imported, shipped, transported, or brought into the state of Virginia and specifies that violators shall be guilty of a Class 1 misdemeanor and subject to a one year jail sentence (Ch. 11, Sec. 4.1).

• Authorizes the General Assembly to establish a Cannabis Control Authority made up of 5 board of directors to exercise the powers and duties of this act related to possession, sale, transportation, and distribution, and delivery of marijuana or marijuana products in order to serve public interest, and promote the health, safety, welfare, convenience, and prosperity of the people of Virginia (Ch. 11, Sec. 4.1).

• Defines “social equity applicants” as applicants who have lived in the state for at least 12 months and has at least 66 percent ownership by an individual who has been arrested or convicted of any marijuana offense (Ch. 11, Sec. 4.1).

• Specifies that social equity license applicants shall take priority in receiving marijuana business licenses (Ch. 11, Sec. 4.1).

• Establishes a Cannabis Business Equity and Diversity Support Team to develop requirements for the creation and submission of diversity, equity, and inclusion plans by individuals who wish to possess more than one license and conduct analysis of potential barriers to entry for small, women-owned, minority-owned, and veteran-owned businesses interested in participating in the marijuana industry (Ch. 11, Sec. 4.1).

• Establishes a Cannabis Public Health Advisory Council for the purpose of assessing and monitoring public health issues, trends, and impacts related to marijuana and marijuana legalization (Ch. 11, Sec. 4.1).

• Authorizes the Cannabis Control Authorities board members to develop and maintain a seed-to-sale tracking system that tracks, packages, and labels retail marijuana from either the seed or immature plant stage until the retail marijuana or retail marijuana products are sold to a customer (Ch. 11, Sec. 4.1).

• Establishes a state tax of 21 percent for any retail marijuana, retail marijuana products, or marijuana paraphernalia sold by a retail marijuana store and specifies that local municipalities may institute a state tax of up to 3 percent (Ch. 11, Sec. 4.1).

• Specifies that tax revenue from the aforementioned state tax shall be distributed to the following programs, including (Ch. 11, Sec. 4.1):

• 40 percent to pre-kindergarten programs for at-risk 3 and 4 year olds;

• 30 percent to the Cannabis Equity Reinvestment Fund;

• 25 percent to the Department of Behavioral health and Development Services for the purpose of implementing substance use disorder prevention and treatment programs; and

• 5 percent to public health programs.

Full Bill Text