Virginia Senate votes against governor’s amendment to criminalize possession of cannabis

The Virginia Senate recently sent Senate Bill 591 to the Rehabilitation and Human Services Committee and will not be considered further now that the 2022 legislative session ended on March 12. A final vote was held on April 27 by a vote of 20 to 20, and a tie-breaker vote by Lt. gov. Winsome Sears.

If passed, the law would have banned edible cannabis products “in the form of humans, animals, vehicles, or fruit” as well as delta-8 THC products. In addition, the bill included penalties for anyone possessing more than two ounces of cannabis.

Former Democratic Gov. Ralph Northam signed legislation legalizing cannabis into law in April 2021, which went into effect on July 1, 2021. Northam completed his term as governor in January 2022 and was replaced by current Republican governor Glenn Youngkin.

SB-591 was introduced by Senator Emmett W. Hanger, Jr. who initially received support, particularly in relation to preventing edible cannabis products from being attractive to children. “It was the right thing to do,” said supporter Senator Adam Ebbin of the original text of the bill.

However, ARLnow reported that when it was sent to Youngkin’s desk for signature, Youngkin returned the bill with numerous amendments that changed the bill’s regulations regarding CBD and delta-8-THC products and penalties for possession in excess of the add legal limit. “The governor’s changes were poorly constructed, poorly thought out and left many loopholes,” Ebbin said. “The original bill was better.”

“The government’s proposed penalties for personal possession of two ounces of marijuana were more severe than the laws in place prior to Virginia’s 2020 decriminalization enactment,” he added.

Ebbin’s own bill, Senate Bill 391, was also proposed in the 2022 legislative session and passed in the Senate but not the House. His bill opened regulations for current medicinal cannabis dispensaries to begin selling recreational cannabis. He also chairs the Cannabis Oversight Commission, which will review both SB-591 and SB-391 for discussion in 2023.

“I’ve learned not to be too optimistic in this area,” Ebbin said. “This is a product that is now legal for adults 21 and over. Therefore, it is in our best interests to ensure that this is a tested, regulated product.”

NORML Development Director and Virginia NORML Executive Director JM Pedini said in a statement that they are pleased that SB-519, with its current amendments, was not passed, but are disappointed that the Virginia regulation is taking another year have to wait to be discussed. Her statement also suggested that the governor “should actually serve his constituents” by enforcing strict regulations for the cannabis industry.

“Returning SB-591 to the Senate Rehabilitation and Human Services Committee is not in the interest of public health or safety,” Pedini said. “Failing to take legislative action means that unregulated products containing synthetically derived THC continue to be sold, both retail and wholesale, outside of the strict regulatory oversight currently required of legally manufactured cannabis products. Consumers deserve to know what they are buying and far too often what is on the label is not what is in the box when it comes to unregulated products.”

Youngkin recently took action against medical cannabis in April, signing legislation that no longer requires medical cannabis patients to register with the Virginia Board of Pharmacy once they have been certified by a medical provider.

NORML said the state is home to more than 47,000 medicinal cannabis patients, with an estimated 8,000 awaiting admission. “These legislative improvements will bring great relief to the thousands of Virginians waiting to enter the medical cannabis program,” Pedini said. “We hear from dozens of Virginians every week who are struggling with the registration process and frustrated because they have to wait 60 days to get their approval from the Board of Pharmacy.”

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