Five years. That is how long Virginians have been able to legally possess marijuana but had nowhere legal to actually buy it. Now, with the state budget deadline just weeks away, Governor Abigail Spanberger is calling her cannabis talks with key lawmakers “incredible” and says the state is moving “in a very strong direction.” A legal marijuana market could finally be within reach.
Five Years of Waiting for a Legal Place to Buy
Virginia took its first major step on marijuana reform back in 2021. Adults 21 and older were allowed to legally possess, grow, and even gift cannabis to others.
But one critical piece was always missing. There was no legal framework for buying or selling marijuana. No licensed dispensary. No regulated store. Just people legally holding a product they had no legal way to purchase anywhere in the state.
That gap quietly fed the growth of an unregulated market of vape shops, illicit storefronts, and hemp-derived THC products that regulators and law enforcement say have outpaced the state’s ability to monitor them.
Former Republican Governor Glenn Youngkin twice vetoed bills that would have created a retail cannabis market in Virginia, forcing advocates to start from scratch each time.
When Democrat Abigail Spanberger won the governor’s race in November 2025, the mood shifted completely. She had campaigned on signing cannabis sales legislation into law, and Virginians who had waited years believed the long wait was finally over.
A Veto Nobody Expected From a Democrat
In March 2026, the General Assembly passed two companion bills: House Bill 642 and Senate Bill 542. The House voted 64 to 32. The Senate voted 21 to 18. The legislation was carried by Del. Paul Krizek of Fairfax and Sen. Lashrecse Aird of Henrico, who had spent months building that legislative consensus.
Under the plan, regulated recreational cannabis sales would have launched on January 1, 2027. Adults could buy up to 2.5 ounces per transaction. Up to 350 retail stores would have been licensed statewide, with half of all licenses reserved for social equity applicants.
Here is a quick look at what those bills included:
- Sales launch date: January 1, 2027
- Purchase limit: Up to 2.5 ounces per transaction
- State excise tax: 6 percent, plus 5.3 percent retail sales tax
- Local tax option: Up to 3.5 percent set by local governments
- Retail store cap: 350 licensed locations statewide
- Equity focus: 50 percent of licenses reserved for impact applicants
- Revenue split: 40% early childhood education, 30% Cannabis Equity Reinvestment Fund, 25% behavioral health, 5% public health
- Product safety rule: THC capped at 10 milligrams per serving, 100 milligrams per package
Instead of signing the bills, Spanberger sent them back in April with over 40 sweeping proposed changes. She pushed to delay the sales launch to July 2027 and drop the per-transaction limit from 2.5 ounces to 2 ounces.
New and tougher criminal penalties were also part of her proposal. Public marijuana use would have become a misdemeanor rather than a $25 civil fine.
Among the most controversial: a proposal to make it a felony, punishable by up to life in prison, to illegally transport 50 or more pounds of cannabis.
Lawmakers declined to act on any of those changes during a one-day reconvened session in April. The bills returned to Spanberger’s desk unchanged. On May 19, she vetoed them.
The backlash was swift. Aird called the governor’s substitute “a de facto veto” from the start. Advocates said the veto left Virginia “stuck in limbo.” Even Spanberger herself later acknowledged, “a lot of people are not pleased” with her decision, adding that “friends and family are displeased as well.”
The Budget Is Now the Last Door Open This Year
After the veto, top Democratic lawmakers quickly turned to a new path: attaching cannabis sales language directly to Virginia’s still-outstanding state budget. That budget must be passed by June 30.
The House of Delegates is scheduled to reconvene on June 18. The Senate follows on June 22. That leaves a very narrow window to negotiate a deal before the deadline hits.
Virginia Tech political science professor Karen Hult confirmed this approach is legally within reach. If both chambers agree, they have the authority to include policy provisions in budget negotiations. Senate Majority Leader Scott Surovell has made it clear the cannabis issue is not finished for the year.
Not everyone agrees the budget is the right vehicle, though.
Republican Sen. Glen Sturtevant called it “legislating through the budget” and said it is “something that is not supposed to be done.” Republican Del. Wendell Walker was equally blunt, calling the idea “entirely wrong” and declaring it “not the Virginia way.”
Still, the governor has not ruled out the budget approach, and that silence carries real weight.
JM Pedini, executive director of Virginia NORML, captured the frustration of supporters plainly: “It would be unfortunate if we had to kick the can down the road and debate this for a seventh time.”
What Both Sides Actually Want in a Deal
Spanberger sat down personally with both Krizek and Aird in recent days. Sources familiar with the negotiations say both sides are getting closer.
Full terms of any compromise are not yet public. But sources say the sales launch date would likely shift back somewhat from January 2027, while the harsh criminal penalties from Spanberger’s original proposal are unlikely to survive in any final deal.
Krizek called the talks “promising.”
“She’s been fair and knowledgeable, and we’ve made some great progress on a compromise,” he told reporters. “I’d say we’re one big team on this effort.”
By Friday, June 6, he was even more direct: “The negotiation with the governor has been very fruitful and it is clear that we have made a great deal of progress.”
Spanberger’s office confirmed the shared direction. A spokesperson said the governor and the bill sponsors “share the same goals” and she “looks forward to moving this across the finish line together.”
Public pressure is very much part of the equation. A recent survey found bipartisan majorities of Virginia voters wanted Spanberger to sign the original cannabis bill. Voters specifically disagreed with her push to slow the sales timeline.
It is also worth noting what Spanberger has already signed this session. She approved measures to protect the parental rights of marijuana consumers and to allow patients to access medical cannabis in hospitals. She also signed resentencing relief for people with past cannabis convictions. Those moves point to a governor who supports the overall direction of cannabis reform, even while the retail market piece has remained the sticking point.
Virginia has been at this crossroads before and walked away empty-handed more times than most Virginians care to count. But behind all the political maneuvering are real people: small business owners waiting to open a licensed shop, communities hoping for tax revenue that could fund schools and health programs, and everyday Virginians who have watched a legal gray area drag on for half a decade. With a hard deadline looming and both sides publicly calling their talks “incredible” and “promising,” the outcome of the next few weeks could write a genuine page of Virginia history. What do you think? Will Virginia finally get its legal cannabis market before the budget deadline? Share your thoughts in the comments and join the conversation on X using #valeg.
