Virginia lawmakers are moving ahead with a significant shift in drug policy. This week, bills tackling legal marijuana sales, record sealing for past cannabis offenses, and potential psychedelic therapy for veterans made their way through committees. If passed, these measures could reshape the state’s approach to drug regulation, but hurdles remain—particularly with the governor’s history of vetoing similar proposals.
Cannabis Sales Bill Gains Momentum—But Faces a Likely Roadblock
Virginia has already legalized possession and home cultivation of marijuana, but legal sales remain stalled. Lawmakers are now trying again to set up a regulated market.
On Tuesday, the House Appropriations Committee approved HB 2485, sponsored by Del. Paul Krizek (D), on a 13–7 vote. Meanwhile, a Senate version of the bill also passed out of committee the same day. The legislation would allow licensed retailers to sell cannabis to adults 21 and older, with sales beginning no earlier than May 1, 2026.
But there’s a catch: Gov. Glenn Youngkin (R) has vetoed similar legislation before. Many expect him to do it again.
Here’s what the bill proposes:
- Adults could purchase up to 2.5 ounces of marijuana per transaction.
- Retail cannabis would be taxed at 11.625%, combining state, local, and cannabis-specific taxes.
- Local governments could ban dispensaries, but only if voters approve.
- Retail locations must be at least 1,000 feet apart.
- Existing medical cannabis operators could apply for up to five additional retail licenses.
JM Pedini of Virginia NORML called the effort “a common sense public safety policy,” arguing that a regulated market is better than illicit street sales.
Sealing Criminal Records for Marijuana Convictions Moves Forward
A separate bill, SB 1466, introduced by Sen. Scott Surovell (D), aims to seal records for people with past marijuana convictions.
The Senate Finance and Appropriations Committee advanced the measure on a 10–4 vote. It would cover:
- All past marijuana possession charges and convictions.
- Cannabis paraphernalia offenses.
One hiccup: lawmakers tacked on an amendment delaying implementation until July 1, 2026. State police argued they needed more time to prepare. Surovell wasn’t happy, noting that 1.6 million Virginians are waiting for relief.
But rather than stall the bill, he agreed to move it forward with the amendment, hoping to negotiate a faster timeline before the session ends.
Psychedelic Therapy for Veterans: A Small Step, But Progress
Another bill, SB 1101, initially aimed to create a fund for clinical trials on psychedelic-assisted therapy for veterans suffering from PTSD and other conditions. However, it was significantly watered down in committee.
Now, the bill only establishes a six-member advisory council to study the issue and report back by December 1, 2026. That means real action on psychedelics in Virginia is still a long way off.
Still, the conversation is happening, and FDA-designated “breakthrough therapies” like psilocybin and MDMA are gaining attention. Other states have already moved ahead with psychedelic research and therapy programs, and Virginia could follow suit—eventually.
What’s in the Marijuana Sales Bill? Key Details You Need to Know
The cannabis sales bill (SB 970/HB 2485) incorporates compromises made last year. Here’s a look at the major provisions:
- Tax Structure
Tax Type Percentage State Retail & Use Tax 1.125% Marijuana-Specific Tax 8% Local Tax (Optional) 2.5% Total Possible Tax 11.625% - Sales & Licensing Rules
- Adults 21+ could buy up to 2.5 ounces per purchase.
- No delivery services, drive-thrus, or vending machines allowed.
- Retailers must be at least 1,000 feet apart from each other.
- Medical cannabis operators could expand into the adult-use market.
- Penalties & Enforcement
- Selling to underage buyers would be a Class 1 misdemeanor (up to 1 year in jail, $2,500 fine).
- “Gifting” cannabis as part of another transaction would also be a misdemeanor.
- Illegal large-scale cultivation would be a Class 6 felony (up to 5 years in prison).
- Social Equity Provisions
- Microbusiness licenses would be reserved for applicants from historically over-policed communities.
- At least two-thirds of microbusiness owners must have a past cannabis-related misdemeanor, be a veteran, or come from an economically disadvantaged area.
- 60% of tax revenue would go toward the Cannabis Equity Reinvestment Fund.
What Happens Next?
The bills now head to the floors of the House of Delegates and the Senate for a full vote. Given bipartisan support, passage in both chambers seems likely.
But Gov. Youngkin remains the biggest obstacle. Last year, he vetoed a nearly identical cannabis sales bill, as well as a measure that would have stopped child protective services from using marijuana use as evidence of neglect.
If Youngkin blocks this year’s bill, lawmakers would need a two-thirds majority in both chambers to override his veto—an uphill battle.
For now, Virginia’s cannabis industry remains in limbo, and veterans seeking psychedelic therapy will have to wait for further studies. The state is moving forward, but not as fast as some had hoped.