Virginia legislators have advanced legislation that would legalize and oversee adult-use marijuana sales in the state. The proposal is one of several drug policy measures being debated during the 2026 legislative session.
The bill, sponsored by Delegate Paul Krizek, cleared the House General Laws Committee with a 19–2 vote. The legislation had already advanced through a Senate committee and a House subcommittee last week and will now move to the House Appropriations Committee before potentially reaching the full chamber for consideration.
During the committee hearing, Delegate Adele McClure, who chairs the committee, noted that the proposal creates a detailed framework for regulating recreational marijuana in Virginia. She explained that the bill sets rules for retail operations, establishes penalties for violations, and includes measures aimed at addressing the long-term impacts of marijuana prohibition on communities.
McClure also highlighted revisions adopted in a substitute version of the measure. Those changes, she said, strengthen penalties for unlawful marijuana sales and alter the structure of the board that governs the state Cannabis Control Authority.
Virginia legalized possession and limited home cultivation of marijuana in 2021, but efforts to establish a commercial system have repeatedly stalled. Former Governor Glenn Youngkin vetoed bills that would have created a retail market, preventing implementation despite support from the Democratic-controlled legislature.
Under the House measure, legal sales of recreational cannabis could begin as early as Nov. 1, 2026. That timeline is more aggressive than in the Senate companion bill, which sets a start date of Jan. 1, 2027. Krizek acknowledged the difference and said lawmakers would need to resolve it during conference negotiations.
If enacted, the legislation would allow adults to buy up to 2.5 ounces of cannabis per transaction, or an equivalent amount of other marijuana products as defined by regulators. Individual servings would be limited to 10 milligrams of THC, with a maximum of 100 milligrams per package.
A tax rate of up to 12.625% would apply to marijuana sales, combining state taxes with an optional local levy. Revenue would fund regulatory operations, early childhood education, public health programs, and substance use treatment and prevention programs.
Local governments would not be allowed to prohibit cannabis businesses, and delivery services would be permitted statewide.
The bill also calls for further study of on-site consumption permits, temporary sales at events, and the possible involvement of the state Alcoholic Beverage Control Authority in cannabis oversight.
New Governor Abigail Spanberger has voiced support for legal recreational cannabis sales, arguing that the current legal landscape is confusing for residents. She has said the lack of a clear system creates uncertainty for both medical patients and individuals seeking to comply with personal use laws, underscoring the need for a regulated marketplace.
If this legislation is eventually implemented, it could create opportunities for entrepreneurs to form companies like Tilray Brands Inc. (NASDAQ: TLRY) (TSX: TLRY) focused on providing licensed products to adults who wish to consume marijuana legally without having to grow their own plants.
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