‘New cannabis crime’ in Virginia is under attack from a range of politicians

Through Nina Zdinjak

Virginia lawmakers, who made headlines this week after dreaming up a new cannabis crime, are now facing backlash from politicians, regulators and marijuana advocates. Last year, the state legalized small amounts of marijuana for people ages 21 and older in 2021.

The new proposal proposes that possession of more than 4 ounces of cannabis in public should be treated as a Class 3 misdemeanor, carrying a $500 fine and subjecting the arrestee to a criminal record.

Second, any other offense would be considered a Class 2 misdemeanor with a penalty of up to six months in prison and a fine of up to $1,000.

Photo by FatCamera/Getty Images

RELATED: Virginia lawmakers are developing a new method to punish cannabis users and more marijuana news

This is the third time this year that state lawmakers have invented new crimes related to cannabis possession.

The budget compromise has the support of House Speaker Barry Knight (R-Virginia Beach) and Senate Finance and Appropriations Chair Janet Howell (D-Fairfax). If Governor Glenn Youngkin signs the budget, it will go into effect on July 1.

Senators respond

A number of lawmakers are criticizing the new budget specifically for the marijuana-possessing crime it creates. They argue that the process also lacked transparency and public input, according to the Richmond Times-Dispatch.

Fairfax Democratic Sens. Howell and George Barker, the chairman and vice chairman of the Senate Finance and Appropriations Committee, discussed the new state budget privately with House Speaker Knight.

Sen. Jennifer McClellan (D-Richmond) called it odd for lawmakers to establish a new crime in the household and said she hopes it doesn’t happen again. She added that previous cannabis bills allowed for public contributions from those “disproportionately impacted by the War on Drugs,” while the current process did not.

“A handful of people, not including a single member of the Virginia Legislative Black Caucus, which decides new criminal sentences … with no real opportunity for public input, is concerning,” McClellan said.

Addressing those concerns, Howell said, “It’s so convoluted, but I would refer people to the JLARC study that recommended that.” She was referring to a 2021 study approved by the Joint Legislative Audit and Review Commission, which recommended that the Virginia legislature impose a misdemeanor charge on adults caught in possession of cannabis, which the state believes is excessive.

FBI data shows marijuana arrests up for third straight yearPhoto by jirkaejc/Getty Images

RELATED: A GOP-controlled committee kills Virginia Bill to start selling Rec cannabis this year

Del. Mike Mullin (D-Newport News) also condemned the decision. “Recriminalization is sending us in the wrong direction,” he said.

There is also Del. Marcus Simon (D-Fairfax) who said that budget leaders included bad cannabis policies in the government spending plan.

In addition, Sen. Louise Lucas (D-Portsmouth) and Sen. Mamie Locke (D-Hampton), Senate conference participants who signed the budget, added their opposition to the marijuana proposal.

The Virginia CannaJustice Coalition issued a statement harshly criticizing the proposal, arguing that Virginia “voted to roll back progress on decriminalization.”

“Research and data have already outlined the historically varied enforcement of these laws against black Virginians,” the coalition said.

This article originally appeared on Benzinga and has been republished with permission.

Post a comment:

Your email address will not be published. Required fields are marked *