Virginia’s Cannabis Laws Could be Changing Again. But, How Does this Affect The Community?
For advocates like Marijuana Justice and the community as a whole, this raises concern. Virginia has moved toward decriminalization in recent years, and any shift back toward criminal penalties is a step in the opposite direction and undermines the work Marijuana Justice and other advocates have worked towards.
by TRS Staff
Monday, April 20, 2026 | 6:58 am
Governor Spanberger stepped in with amendments that are now reshaping the conversation around cannabis. (Graphic/ TRS)
RICHMOND, Va. — As VA heads into this week’s April 21st vote, a number of key decisions are on the table. While many are focused on local races and ballot measures, there’s another issue moving through the legislative process that deserves the same energy: the future of cannabis in Virginia.
Legalization without market
Virginia legalized marijuana in 2021 (watch Marijuana Justice founder Chelsea Higgs Wise talk about these laws here on the Don’t Mind Me Podcast), allowing adults to possess small amounts and grow cannabis at home. But as of now, we still haven't created a fully functioning retail market. And, the gap between legalization and access, is exactly what lawmakers have been trying to fix.
This year, legislation like SB542 and HB642 was introduced to move Virginia closer to a regulated cannabis market. The goal was to establish legal sales, create business opportunities, and address some of the long-standing harm caused by marijuana enforcement. Particularly, in Black communities.
But before those changes could take effect, Governor Spanberger stepped in with amendments that are now reshaping the conversation. Some of the proposed changes would increase penalties for certain cannabis-related offenses. Public consumption, which had previously been treated like a minor infraction, could carry stronger legal consequences. Youth possession could also result in more serious charges, including potential court involvement and additional penalties beyond simple fines.
New amendments, new concerns
For advocates like Marijuana Justice and the community as a whole, this raises concern. Virginia has moved toward decriminalization in recent years, and any shift back toward criminal penalties is a step in the opposite direction and undermines the work Marijuana Justice and other advocates have worked towards.
Additionally, earlier versions of the legislation included funding and support systems designed to help small, local, and Black-owned businesses enter the cannabis industry. The Governor’s amendments scale back parts of that support, which will make it harder for those most impacted by past marijuana laws to participate in the legal market.
There are also broader concerns about who will benefit when retail sales do begin. Without strong equity measures in place, larger, out-of-state companies may be better positioned to dominate the market, leaving fewer opportunities for local entrepreneurs.
How to take action
Marijuana Justice and advocates' message is clear: legalization should not come with increased criminalization or reduced access to opportunity.
As the legislation moves forward alongside this week’s vote, Virginians are being encouraged to stay informed and make their voices heard. You can find and contact your representative through the Virginia General Assembly’s “Who’s My Legislator” tool at:https://whosmy.virginiageneralassembly.gov. From there, call or email your rep to share your thoughts on the proposed changes.
You can also follow Marijuana Justice on the socials @THCJUSTICENOW for more info.
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