Advocacy Groups Push Back Against Virginia's Proposed 900% Increase in Public Cannabis Use Fines
Key Insights
A coalition of advocacy groups is urging Virginia officials to reject a proposed increase in public cannabis consumption fines from $25 to $250, arguing it would deepen racial and economic disparities.
The compromise legislation, negotiated by Gov. Abigail Spanberger and key lawmakers, sets a July 1, 2027 launch date for recreational cannabis sales with a 2-ounce purchase limit.
The Virginia Senate is expected to vote on the budget bill containing the cannabis provisions on Monday, with the House of Delegates following shortly after.
A coalition of marijuana reform and social justice organizations is calling on Virginia Governor Abigail Spanberger (D) and state lawmakers to remove provisions that would significantly increase fines for public cannabis consumption from recreational sales legalization legislation expected to be voted on next week.
Under current Virginia law, using cannabis in public is a civil violation punishable by a $25 fine. However, a new compromise to legalize adult-use marijuana sales through budget legislation—negotiated by Gov. Spanberger and key lawmakers—would increase that fine by 900 percent to $250. The penalty increase would not take effect until July 1 of next year, raising the possibility that lawmakers could pass legislation next session to rescind it.
The Virginia Senate is set to vote on the overall budget including the cannabis provisions on Monday, and the House of Delegates is expected to do so soon after.
Advocacy Groups Warn of Disproportionate Impact
In a letter sent to Spanberger and legislators on Thursday, groups including the ACLU of Virginia (search), Marijuana Justice, the National Organization for the Reform of Marijuana Laws (NORML (search)), the Marijuana Policy Project (search), the Drug Policy Alliance (search), and the Latino Cannabis Alliance argued that the penalty spike would "deepen racial and economic disparities."
"Higher fines and penalties for low-level marijuana offenses are not neutral," the organizations wrote. "They are enforced disproportionately against Black and brown communities, create debt that low-income people cannot afford and can trigger cascading harms in immigration, housing, education and employment."
The groups further stated: "Virginia should not recreate over-policing and over-incarceration through fines and fees when the stated goal of legalization is public health, equity, repair and reducing criminalization."
The letter, also signed by the Parabola Center for Law and Policy, Nolef Turns Inc., Justice Forward Virginia, New Virginia Majority, and Virginia NORML (search), calls on state officials to maintain the $25 civil fine for public consumption, reject any proposals that raise fines or add criminal penalties for low-level marijuana use, center racial equity and harm reduction in all cannabis policies, and ensure legalization reduces over-policing rather than recreating it through fines and fees.
"These steps will help Virginia move toward real legalization that repairs past harms, prioritizes public health, protects vulnerable communities and keeps people out of the criminal legal system," the letter states. "They also align with concerns raised by legislative leaders that expanding criminal penalties would repeat the very harm legalization was intended to address."
The Drug Policy Alliance (search) separately launched an online action alert enabling Virginia residents to send messages urging the governor and lawmakers to pull back the proposed cannabis penalty increase.
Details of the Compromise Legislation
The new plan differs significantly from earlier legislation. It sets the launch date for recreational marijuana sales at July 1, 2027—matching what Spanberger proposed, in contrast to the January 1, 2027 date lawmakers had previously passed. The legal public marijuana possession and per-transaction purchase limit is set at 2 ounces, an increase from the current legal limit of 1 ounce but lower than the 2.5 ounces lawmakers had earlier approved.
The bill also adopts Spanberger's proposal to increase the marijuana excise tax from 6 percent to 8 percent after two years of legal sales, starting July 1, 2029. Revenue would be distributed to the Cannabis Equity Reinvestment Fund, early childhood education, the Department of Behavioral & Developmental Health Services, and public health initiatives, though the new language does not specify what portion of revenue will go to each program.
Up to 350 retail marijuana stores would be licensed statewide, the same number lawmakers had approved and greater than the 200 the governor had proposed. Local governments would not be able to opt out of allowing marijuana businesses to operate in their area. Delivery services would be allowed, and serving sizes would be capped at 10 milligrams THC, with no more than 100 mg THC per package.
Existing medical cannabis operators could enter the adult-use market by paying a $10 million licensing conversion fee, and cannabis businesses would be required to establish labor peace agreements with workers.
Path to Compromise
Spanberger last month vetoed a previous proposal to legalize recreational cannabis sales after lawmakers rejected her proposed amendments. She has since been negotiating with Sen. Lashrecse Aird (D) and Del. Paul Krizek (D), who sponsored the earlier measure.
"The negotiation with the governor has been very fruitful and it is clear that we have made a great deal of progress," Krizek told Marijuana Moment.
A spokesperson for Spanberger said the governor "has made clear that she continues to support setting up a legal retail marketplace for cannabis that prioritizes the health and safety of Virginians, protects communities and consumers and operates with clear enforcement and regulatory authority."
JM Pedini, development director for NORML (search) and executive director for Virginia NORML, offered a measured response: "This compromise represents a meaningful step toward bringing Virginia's cannabis laws in line with public opinion and moving the commonwealth closer to a marketplace that consumers have long demanded. Although NORML has deep concerns about provisions in the bill to increase the civil penalty for public cannabis consumption, we are encouraged by other areas of broader agreement. This bill establishes a consumer-friendly regulated marketplace, improves public safety and provides clear rules for everyone involved."
Personal marijuana possession and home cultivation has been legal in Virginia since 2021, but then-Gov. Glenn Youngkin (R) twice vetoed bills to provide consumers with a way to legally purchase regulated adult-use cannabis. A recent survey found that bipartisan majorities of Virginia voters wanted Spanberger to sign the cannabis legislation into law and specifically disagreed with her desire to slow the launch timeline for legal sales.