Virginia decriminalized marijuana possession back in 2021, with the hopes of creating a legal market the year after.
But with Governor Glenn Youngkin opposed, the effort languished and an illegal market flourished. Now, heading into the 2026 legislative session with a sympathetic Governor-elect in Abigail Spanberger, an early version of a new legal market bill is being formed.
Much of the new legal weed market legislation is based on efforts previously vetoed by Youngkin, though there are some changes and the bill still has to get through the rest of the state’s legislature before a final version is sent to Governor-elect Spanberger’s desk.
Delegate Paul Krizek is chair of the committee working on the bill.
“There’s still a lot of tweaking going on. You’re gonna hear that we aren't all 100% on the same page here," Krizek told a packed committee room in Richmond Tuesday afternoon. "We’ve got some things that we still need to work on, and we're going to continue to do so.”
For now, details include: 350 retail licensees, similar to the 402 ABC stores across the state. Anti-monopoly rules will limit any one person to a max of five licenses. Products will be taxed at about 12%, though localities can add a bit more. Money will be split between multiple state programs, including back into workforce training for communities impacted by decades of prohibition. Local fund spending is up to localities.
Stores can’t open within 1,000 feet of a school or church, but localities will also have zoning authority to restrict them further. Stores will have to be discrete, with tinted windows and no neon signs.
Many regulations and specifics are expected to be left up to the Cannabis Control Authority, the new state agency that’s been regulating Virginia’s legal, medical market.
Among Republicans on the committee is Delegate Buddy Fowler.
“You know, I think it’s kind of a mixed bag on this bill," the Hanover County official said as the meeting came to a close. "There’s some things that I really like and there’s some things in there I really hate, so I guess we’ll just have to work our way through there.”
As for Spanberger, she’s on record supporting a legal market that, “prioritizes public safety and grows Virginia’s economy.”
Hundreds of millions of dollars are expected to come into state and local coffers once the effort gets underway. The first legal shops could open as soon as November 2026.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
