Cannabis advocates received a shock from the 2021 Virginia election results. The Republican Party took the Governor’s office as well as the majority of the House of Delegates. They had been hoping for another two years of Democratic control to push their cannabis laws through. But that may be up in the air with Republican control now. 

Legalization

This past summer, Virginia Governor Ralph Northam, D, signed a cannabis legalization bill into law. This legalized the possession, personal use, and home cultivation of cannabis for citizens 21 and over. Lawmakers separately tried to create a legal cannabis sales system but ran out of time as the regular session ended. 

Democratic leaders planned on pushing through the legal cannabis sales system bill at the beginning of the regular session. However, with the election results showing Republican control of the House of Delegates, pushing through any bill will most likely receive a push back.

Concerns

With the political party change, several concerns have been raised by advocates and influencers. Jenn Michelle Pedini, the executive director of NORMAL Virginia, published an article on Facebook about the political change as well as the next plan of action moving forward. 

“Virginians were expecting an opportunity to expedite retail sales and cannabusiness licensing in the 2022 General Assembly. Now, it appears that chance may have gone up in smoke, and instead a potential delay looms on the horizon,” Pedini said. “Nonetheless, NORML remains dedicated to providing a voice in the General Assembly for the overwhelming majority of Virginians who favor the legalization and regulation of adult-use cannabis.”

Additionally, advocates are concerned that Republicans could scrap efforts to build racial and social equity programs. “The question isn’t legalization. We’ve already enacted that. Now we have the other side of the legalization equation,” Pedini explained. “We haven’t enacted the other major policy components, which are consumer safety and public safety, and those come from implementing a regulatory structure.”

Response

In response to concerns, Republican lawmakers said they won’t undo what is already law in Virginia. Cannabis possession, personal use, and home cultivation will remain legal. Delegate Todd Gilbert, R, the current minority leader in the House of Delegates, spoke about the missed opportunity Democrats had while they controlled the House. 

“They have a framework of things they would like do, but they didn’t have the guts to go ahead and do it when they had the chance,” Gilbert explained. “The General Assembly is left with trying to figure out a path forward in terms of how to deal with that issue. We’re going to have to fix all that and we’re going to have to work with the Democrat Senate to fix all that,” he added.

For now, lawmakers are at a standstill as the year comes to an end following the election results. They will come back to session in January after the new lawmakers have been sworn in. Governor-elect Glenn Youngkin, R, has traditionally been skeptical of cannabis. He could become one of the main pushbacks for a legal system. Current Governor, Ralph Northam, D, could not be a candidate. Virginia law prevents governors from serving consecutive terms. Democratic nominee, former Governor Terry McAuliffe, D, stood on a cannabis platform but failed to receive enough votes.

As more information becomes available, we will update you with the latest. 

Make sure to check back for more cannabis, hemp, and psychedelic related news.