Virginia Advocacy Groups Urge Lawmakers to Drop Increased Fines for Public Cannabis Use in Legalization Bill

A coalition of advocacy organizations is urging Virginia's governor and lawmakers to remove provisions that would substantially increase fines for public marijuana use in the state's pending recreational cannabis sales legislation. The new measure, expected to be voted on next week, proposes raising the fine from the current $25 to $250, a 900 percent increase. This change is part of a compromise on legal cannabis sales negotiated by Governor Abigail Spanberger and legislative leaders, but it has sparked significant opposition from groups including the ACLU of Virginia, Marijuana Justice, the Drug Policy Alliance, and Virginia NORML

Critics argue that higher fines for public cannabis consumption would exacerbate existing racial and economic disparities. In a joint letter to Governor Spanberger and lawmakers, the organizations warned, “Higher fines and penalties for low-level marijuana offenses are not neutral. 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.” They emphasized that the intent of legalization should be to promote equity and reduce criminalization, not to perpetuate punitive measures

The Virginia Senate is scheduled to vote on the comprehensive budget, which includes the cannabis provisions, on Monday, with the House of Delegates expected to follow. The letter, also signed by groups like the Parabola Center for Law and Policy and New Virginia Majority, calls for the removal of the increased penalty, asserting that doing so would align with the goals of public health and repairing past harms. Additionally, the Drug Policy Alliance has launched an online campaign, encouraging residents to contact officials and oppose the fine hike

The compromise plan introduces several other changes to the legal cannabis framework. Notably, it sets the start date for recreational sales at July 1, 2027, and increases the legal possession and per-transaction purchase limit to two ounces. The excise tax on cannabis sales would also rise from 6 percent to 8 percent after two years. While the proposed $250 fine is lower than the criminal penalty initially sought by the governor, it is still a significant increase from current law and would not take effect until July 2025, allowing for possible legislative reversal next session

Advocates have expressed mixed feelings about the compromise. JM Pedini, development director for NORML and executive director for Virginia NORML, said, “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.” However, Pedini also noted concerns about the increased civil penalty, stating that while the bill offers improvements in public safety and consumer protections, the harsher fine could undermine equity goals

OG Lab notes that Virginia’s cannabis reform process highlights the ongoing tension between expanding legal access and ensuring that new regulations do not perpetuate the harms of past prohibition. As lawmakers prepare for the final vote, the outcome will be closely watched by advocates nationwide, particularly for its potential impact on equity and social justice in cannabis policy