The General Assembly's Joint Commission on the Future of Cannabis Sales presented a final proposal for a retail cannabis market ahead of the 2026 session at its Dec. 2 meeting. Though Virginia legalized personal possession and cultivation in 2021, all attempts since to legalize a market for adult-use marijuana have failed. The newest proposal uses the previous draft as its foundation — with more than 50 changes focused on small businesses, economic justice and public safety.
Some told the commission they're skeptical about the new proposal's efforts to give small businesses a fighting chance. The bill would allow localities to increase local taxes on cannabis products to up to 3.5% and would get rid of additional sales tax on paraphernalia. It doesn't give localities the option to ban retail sales, getting rid of opt-out clauses from previous versions. Commission Chair Paul Krizek, who represents Fairfax in the House of Delegates, said allowing "dry counties" does more harm to public safety than good.
"By allowing opting out, what we're really doing is allowing opting into the illicit market, so there will not be any dry counties like in the days of alcohol," he said during the meeting.
The proposal is sponsored by Krizek as well as two Hampton Roads senators, Louise Lucas from Portsmouth and Aaron Rouse from Virginia Beach.
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