New Virginia Laws Include Legal Cannabis Possession
A slew of state legislation went into effect on July 1 in Virginia, including new laws governing cannabis possession, capital punishment, public carrying of weapons, and littering, among others. The most headline-grabbing of these is the cannabis law, which permits residents 21 and older to possess up to one ounce of marijuana (without intent to sell) and to grow up to four marijuana plants in their homes. Possession of more than an ounce but less than a pound carries a $25 penalty, and more than a pound is a felony with a 10-year sentence and a $250,000 fine.
Under the new law, adults are permitted to smoke marijuana inside private residences but not in public, and while in a moving vehicle it may only be carried in the passenger area in “the originally sealed manufacturer’s container.” However, both this restriction and the grow-your-own plants prerogative present a conundrum, as no part of the marijuana plant, including seeds or flowers, will be legal to buy or sell until January of 2024. Adults may “share” cannabis, but may not “gift” it in tandem with another retail item as a way to get around the rule.
In anticipation of a legalized market for marijuana on the horizon, Virginia hemp growers are considering their options for expansion. While many people think of cannabis and marijuana as synonymous terms, cannabis is actually a large plant genus that encompasses both psychoactive marijuana and hemp—a versatile plant that can be used to make products from textiles to biofuels and whose seeds and oil are used in skin care products and non-intoxicating edible infusions. The defining line between the two cannabis varieties is the precise level of the toxicant THC present in the plant, which must be 0.3% or less for hemp.
White Hall-based Albemarle Hemp Company, founded in 2019 by Leigh Anne and Joe Kuhn, recently changed its name to Albemarle Cannabis Company (ACC), in part to combat the stigma associated with the word cannabis, and in part with an eye toward the future. “We’d like to see if we can expand our repertoire to include marijuana cannabis in the future, but there’s still a lot of uncertainty,” said Leigh Anne Kuhn. “We are waiting for the concrete definitions of how this is going to work for companies like ours, but we know the process will involve a lot of red tape and expensive permitting.”
ACC works with a vertically integrated supply chain of local growers and farmers to produce items such as CBD gummies, dog treats, and bubble bath. Kuhn says that the company intends to participate in the marijuana market when it is legalized but is remaining fluid in its plans, and that maintaining professionalism and integrity is crucial in both their current and future cannabis ventures.
“People still think of ‘Cheech and Chong’ when they think of marijuana cannabis, which is really an inaccurate image that we’re trying to change,” said Kuhn. “I’m hoping to work closely with, if not directly on, one or more of the regulatory boards that will be formed to guide sales. My understanding is that their target is to reinvest 30 percent of the tax profits into local communities, which I would love to see.”
It is now legal for Virginia cyclists to ride two-abreast in one traffic lane.
Virginia’s new marijuana laws are now in effect
Virginia’s new marijuana laws are now in effect. Anyone 21 and over can possess up to an ounce of marijuana or an equivalent amount of a cannabis product, such as edibles or vape oil.
Adults caught with more than an ounce on them in a public place will face a $25 civil penalty. Those with more than a pound of marijuana in their possession can be convicted of a felony that comes with at least a year in prison and up to a 10-year sentence and a $250,000 fine.
Anyone under 21 caught with marijuana could face up to a $25 fine and be ordered to enter a substance abuse treatment or education program.
The Joint Legislative Audit and Review Commission, the Virginia General Assembly’s watchdog agency, recommended changes to add a misdemeanor possession charge if someone has more than the set limit of an ounce but less than a pound on them in public.
Although people can legally cultivate marijuana plants beginning July 1, it will still be illegal for anyone to buy cannabis seeds or cuttings needed to grow those plants. Households are allowed to grow four marijuana plants and all plants must be away from public view and be tagged with the grower’s name.
The four plant limit applies to the entire household and is not per individual.
People will be allowed to share small amounts of seeds with one another, but they can’t sell them.
Virginia marijuana legalization timetable has many confused
RICHMOND, Va. (AP) — Virginia’s road to legalizing simple possession of marijuana has had some twists and turns, so it’s not surprising that advocacy groups have been flooded with calls from people trying to understand exactly what will be allowed under state law as of July 1.
Legislators initially voted in February to legalize possession of up to an ounce of marijuana for adult recreational use, but not until 2024, when retail sales would begin. An outcry ensued over the three-year wait before ending pot possession penalties, so in April they voted to move up legalization to this July 1.
Adding to the confusion: lawmakers included a “reenactment clause,” which means the General Assembly will have to vote again next year on major portions of the law, mainly to establish a regulatory framework for the legal marijuana marketplace.
The process has resulted in some contradictions that may not get resolved until years after legalization begins.
Sen. Adam Ebbin, one of the lead sponsors, said people need to understand the law’s limits for now. Possession of up to one ounce (28.3 grams) with no intent to distribute will become legal for adults, 21 and older. Adults will also be allowed to grow up to four marijuana plants per household. But not much else will change.
“People still need to be careful — this is not an official open marijuana market,” Ebbin said.
Virginia is joining 17 other states with laws allowing adults to possess and consume marijuana. In each one, laws have legalized simple possession before establishing a legal marketplace for buying and selling marijuana, said Jenn Michelle Pedini, the development director for the National Organization for the Reform of Marijuana Laws.
Under Virginia’s law, buying and selling marijuana will remain illegal until Jan. 1, 2024, when retail sales are expected to begin. Smoking marijuana in public also remains against the law.
Pedini, who is also the executive director of Virginia NORML, said the organization fields questions every day from people who are surprised to learn that selling pot won’t be allowed for another three years.
“The only legal sale of cannabis in Virginia is through the medical (marijuana) program,” Pedini said.
Virginia NORML has a page on its website to answer frequently asked questions and clear up confusion. The state also launched a website to answer questions about the new law.
Although people can legally cultivate marijuana plants beginning July 1, it will still be illegal for anyone to buy cannabis seeds or cuttings needed to grow those plants. That’s one of the contradictions bothering Republican Sen. Ryan McDougle, who voted against the legislation.
“The biggest inconsistency is you cannot legally buy marijuana for recreational use in the commonwealth of Virginia,” McDougle said.
“Under federal rules you can’t transport it (into Virginia), but if you have it, you can possess up to one ounce of it in Virginia. How you get that is the inconsistency. You can’t legally get it, but you can possess it,” he said.
In the original bill, both possession and sales of marijuana would have been legalized in 2024. But many social justice advocates pushed to immediately end the disparate treatment of people of color under existing marijuana laws.
The General Assembly’s research and watchdog agency found that from 2010-2019, Black Virginians were 3.5 times more likely than white Virginians to be arrested for marijuana possession, and 3.9 times more likely to be convicted, even though both populations used marijuana at similar rates.
“We want to do this the right way, and what that means is ending the disparate enforcement, which is going to make a huge change in the lives of thousands of Virginians,” said Alena Yarmosky, Gov. Ralph Northam’s spokeswoman. She said the administration also recognizes the “reality” that “people have marijuana now,” even though it is illegal in Virginia.
According to New Frontier Data’s U.S. Cannabis Report, Virginia had the fourth-largest illicit market last year, encompassing about $1.8 billion, or 3%, of an estimated $60 billion in total illicit sales nationwide.
“Because marijuana remains illegal at the federal level and because Virginia needs time to stand-up the regulatory structure for safe sales, it will not be legal to sell seeds or other marijuana until 2024,” Yarmosky said.
People will be allowed to share small amounts of seeds with one another, but they can’t sell them.
“The primary objective of legalization is to reduce criminalization and then to regulate safe legal access, so we’re checking one box, but we’re not checking the other this year,” Pedini said.
Pedini said may states have expedited adult access to marijuana through their medical marijuana dispensaries, something advocates hope Virginia lawmakers will vote to do in 2022. “Most people aren’t going to grow cannabis, but most people who will want to participate in the adult use market will prefer to do so through a legal avenue,” Pedini said.
Copyright © 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.