Virginia lawmakers defend cannabis budget language

The Virginia lawmakers behind the state’s adult-use cannabis retail plan said Thursday that existing marijuana laws remain in effect, pushing back on claims that recently approved budget language legalized underage marijuana possession or unlawful distribution.

Del. Paul Krizek, D-Fairfax, and Sen. Lashrecse Aird, D-Henrico, released a joint statement after confusion over the budget language led prosecutors, lawmakers and law enforcement officials to question whether some marijuana laws remained in effect.

“Let me be absolutely clear: the budget language passed by the General Assembly did not legalize cannabis possession by minors, did not legalize the distribution of cannabis to minors and did not eliminate Virginia’s criminal penalties protecting young people,” Krizek said.

“Virginia law continues to prohibit underage possession and unlawful distribution of cannabis. The enactment clauses included in the budget did not change those protections.”

Aird said Virginians “deserve an honest conversation about cannabis policy based on the facts and what the law actually says,” adding that misinformation contributed to the confusion.

The questions centered on whether the budget language repealed some existing marijuana laws before replacement provisions and Virginia’s regulated retail cannabis market take effect July 1, 2027.

The current online Code of Virginia shows the disputed marijuana provisions remain in effect until July 1, 2027. One provision covers marijuana distribution and possession with intent to distribute. Another prohibits marijuana possession by people younger than 21.

The statement from Virginia State Police came after questions arose about how the budget language would affect enforcement of the commonwealth’s existing marijuana laws.

Virginia State Police Superintendent Col. Jeffrey Katz said the agency would continue enforcing existing laws.

“VSP acknowledges that there have been rumors and questions pertaining to the agency’s posture on cannabis enforcement,” Katz said. “I would like to make it clear that the Virginia State Police will continue to enforce existing laws, in line with the Code of Virginia.”

Some lawmakers continue to question that interpretation.

Sen. Glen Sturtevant, R-Chesterfield, questioned on X how far the Virginia Code Commission’s authority extends to clarifying errors in enacted legislation, saying judges could ultimately determine whether the commission’s interpretation conflicts with the budget language approved by lawmakers.

Virginia legalized the possession of small amounts of marijuana for adults in 2021 but has not opened a regulated retail market. After Gov. Abigail Spanberger vetoed standalone retail legislation in May, lawmakers approved a revised retail framework through the state budget. Licensed retail sales are scheduled to begin July 1, 2027.