Governor's race brings renewed focus to future of retail marijuana sales in VA

WASHINGTON, D.C. - The future of retail marijuana sales in Virginia is getting increased attention as the state's gubernatorial election between Democratic nominee Abigail Spanberger and Republican nominee Lt. Gov. Winsome Earle-Sears draws closer by the day. 

The state legalized possession of small amounts of marijuana in 2021, but lawmakers have yet to authorize retail sales. 

The General Assembly passed bipartisan measures to establish a regulated commercial market, but Gov. Glenn Youngkin vetoed those efforts earlier this year and in 2023, citing safety and enforcement concerns.

Candidate stances 

What they're saying:

When asked if she would sign a bill to legalize marijuana sales at the Virginia governor's debate on Oct. 9, Earle-Sears said she supports medicinal cannabis but rejects full legalization due to workplace safety risks.

"I believe in medicinal marijuana, I believe it has value," Earle-Sears said during the debate. "But I had a business, and when my employees came up positive for marijuana, they couldn’t work for me, they couldn’t drive my trucks. We were working on gas, we were working on electric. We can’t afford people who don’t know what they’re doing. They’ll blow everything up."

Spanberger, on the other hand, voted in Congress to decriminalize marijuana at the federal level. She told reporters she would sign legislation establishing a state-regulated retail market, according to the Cannibas Business Times. She has argued that the current system fuels illicit sales and denies Virginia potential tax revenue and consumer protections.

"As the next Governor of Virginia, I look forward to working with our General Assembly to find a path forward to creating a legalized retail market for cannabis that both prioritizes public safety and grows Virginia's economy," Spanberger said in a statement released in August to WTVR. 

"The Commonwealth needs a clear strategy to set up a market that is safe, transparent and good for Virginia — particularly, revenue from commercial cannabis products must be reinvested into our communities and used for purposes like strengthening our public schools," her statement added. 

Revenue projections and timeline 

Dig deeper:

Revenue projections for a functioning retail marijuana market in Virginia vary widely.

Rodrigo Soto of The Commonwealth Institute for Fiscal Analysis told The Virginia Mercury earlier this year that a retail cannabis market in the state could bring in roughly $61.5 million per year. The Joint Legislative Audit & Review Commission, however, recommends taxing retail marijuana at 20% to 25%, meaning the revenue brought in could surpass $250 million per year by the fifth year of operation. 

If Spanberger is elected, Virginia may get a retail marijuana market sooner rather than later. Lawmakers are expected to revisit legalization bills in the 2026 session, according to the Virginia Cannabis Control Authority. How long it will take for those retail sales to actually begin, assuming the legislation is passed, is up in the air. 

According to the Rockefeller Institute for Government, a public policy think tank, states that have so far been able to move quickly from legalization to retail sales had one thing in common: they already had existing medicinal dispensaries. 

"Using businesses that were already legally selling medical cannabis helped many states hit the ground running, though it also provides a bit of a short-term monopoly to the medical cannabis dispensaries that benefited from the initial boom in adult-use cannabis sales," their analysis states. 

There are nearly two dozen medicinal dispensaries already in Virginia, indicating that the same sort of thing could happen here. Still, how quickly it happens after a bill is theoretically passed, remains to be seen. 

What you can do:

Residents can track updates on cannabis policy through the state agency’s website. 

Where marijuana sales currently stand in Virginia

What's legal: 

• Adults 21 and older may possess up to one ounce of cannabis in public.
• Adults may grow up to four cannabis plants per household (not per person), as long as they’re indoors and not visible from public view.
• Adults may privately share up to one ounce of cannabis with another adult 21 or older, as long as there’s no payment or exchange of value.
• Medical cannabis from licensed pharmaceutical processors or dispensaries is legal.
• Possessing cannabis inside a private residence is allowed.

What’s illegal: 

• Buying or selling cannabis for adult use remains illegal; Virginia has not established a retail market.
• Growing more than four plants per household, or keeping plants visible to the public, is prohibited.
• Using cannabis in public, driving under the influence or transporting open cannabis containers in a vehicle is illegal.
• Providing transportation services while carrying cannabis is prohibited.
• Possessing more than one ounce but under one pound can lead to civil or misdemeanor penalties; more than one pound may result in felony charges.

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