SB 391 - Establishes Legal Framework for Sale of Recreational Marijuana - Virginia Key Vote


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Title: Establishes Legal Framework for Sale of Recreational Marijuana

Vote Smart's Synopsis:

Vote to pass a bill that establishes a legal framework for the sale of recreational marijuana.



  • Requires the Secretary of Public Safety and Homeland Security to be responsible for the Virginia Cannabis Control Authority, and provide oversight of its law-enforcement operations (Sec. 2.2-221A & Sec. 2.2-221B.19).

  • Establishes a maximum tetrahydrocannabinol level for retail marijuana products which shall not exceed (Sec. 4.1-606B.7):

    • 5 milligrams per serving for edible marijuana products; or

    • 50 milligrams per package for edible marijuana products.

  • Authorizes localities to petition the circuit court for a referendum prohibiting marijuana establishments (Sec. 4.1-629A).

  • Requires a non-transferable and separate license, up to three years, for each location of business posted in a conspicuous place to the public which includes (Sec. 4.1-702):

    • A mariijuana cultivation facility license;

    • A marijuana manufacturing facility license;

    • A marijuana testing facility license;

    • A marijuana wholesaler license; and

    • A retail marijuana store license.

  • Requires every licensed facility, wholesaler, and store to keep complete, accurate, and separate records of all retail marijuana and marijuana products it purchased, manufactured, sold, or shipped (Sec. 4.1-703A-D).

  • Requires marijuana stores to only sell products in direct, face-to-face exchanges to persons 21 years of age or older and prohibits the following (Sec. 4.1-804):

    • A marijuana store may not sell more than one ounce of products in a single transaction to one person;

    • A store may not employ anyone under 21 years of age;

    • A retailer may not sell product between 9:00 p.m. and 8:00 a.m. or to anyone intoxicated and attempting to purchase marijuana for others younger than 21 years old; and

    • A store must provide Board-approved information of potential risks of marijuana use and must train employees to be able to discuss it with consumers.

  • Prohibits individuals from holding more than one type of license at the same time (Sec. 4.1-805).

  • Prohibits licensee or employees to use or consume marijuana products on store premises unless for quality control purposes approved by the Board (Sec. 4.1-808).

Title: Establishes Legal Framework for Sale of Recreational Marijuana