Joint cannabis commission holds first meeting amid push for regulated market

Workers at gLeaf Medical tend to plants in a grow room at the Richmond medical marijuana dispensary. (Photo by Ned Oliver/Virginia Mercury)

The newly formed joint commission tasked with overseeing Virginia’s transition to a legal retail cannabis market held its inaugural meeting in Richmond Wednesday, launching what lawmakers described as the next chapter in the commonwealth’s winding path toward a regulated marijuana industry.

Del. Paul Krizek, D-Fairfax, who sponsored the House resolution creating the commission earlier this year, was elected chair during the meeting at the state Capitol. While no other formal action was taken, the panel laid out its mission and signaled it would use previously vetoed legislation as a foundation to craft a new proposal for 2026 — when Virginia will have a new governor.

“Our goal is to create a successful approach to cannabis that’s rooted in protecting the public, the principles of restorative justice, economic equity and public health,” Krizek said in his opening remarks. 

“The need is to regulate, control, and tax marijuana, to generate significant revenue dedicated to community reinvestment, create hundreds of new, small local businesses, strengthen Virginia’s vital agricultural sector, and end the racially disparate impacts of prohibition.”

The commission, which was established through House Joint Resolution 497 without needing the governor’s signature, is set to operate through July 1, 2028. It will serve as a forum for public engagement and legislative planning, aiming to build consensus on cannabis policy amid shifting political dynamics in the state.

Krizek noted that although the effort to legalize retail cannabis has faced repeated setbacks — most notably from Gov. Glenn Youngkin’s vetoes — the groundwork is already in place.

“We’ve already been pretty successful,” he said. “We’ve made some big progress, and this will be the final capstone on that progress.”

A blueprint already written

In March, Youngkin vetoed House Bill 2485 — legislation sponsored by Krizek and backed by lawmakers from both parties that would have established the framework for a licensed and taxed cannabis market. The identical Senate version, sponsored by Sen. Aaron Rouse, D-Virginia Beach, passed with bipartisan support as well.

The legislation would have authorized adult-use retail sales starting May 1, 2026, with licenses for cultivation, processing, testing, and retail set to be issued as early as September 2025. It included a microbusiness license tier aimed at lowering entry barriers for historically disadvantaged entrepreneurs and implemented a seed-to-sale tracking system to monitor all commercial activity.

Youngkin’s vetoes take another hit on cannabis reform in Virginia

A projected $87.8 million in annual tax revenue by 2031 was to be allocated across public priorities: 40% for early childhood education, 30% for equity reinvestment, 25% for substance use treatment and 5% for public health.

But Youngkin rejected the measure, saying it would endanger public safety and contribute to negative social outcomes, including “increased gang activity,” impaired road safety, and “adverse effects on children’s and adolescents’ health.” He argued the bill would not eliminate illegal sales or guarantee product safety.

Youngkin also vetoed related bills, including proposals to expunge or reduce sentences for marijuana-related offenses, and a bill to prevent legal cannabis use from being used against parents in child custody cases. Reform advocates decried the vetoes as a continuation of policies that ignore the realities of marijuana use in Virginia.

Legal, but still in the shadows

Virginia made headlines in 2021 as the first Southern state to legalize small-scale possession and home cultivation of cannabis. But despite legalization, no retail infrastructure was ever implemented, leaving the state in a legal limbo. Cannabis remains readily available — just not regulated, tested, or taxed.

“We know that marijuana is being sold in this commonwealth,” said Sen. Adam Ebbin, D-Alexandria, who helped legalize personal possession and now sits on the commission. “And thanks to Governor Youngkin’s veto pen, the way it’s being sold is with illegal, un-taxed enterprises outside of the medical program.”

Ebbin urged fellow commission members to keep the big picture in mind.

“My goal is to move sales away from the illegal market on the street corner to behind an age-verified counter with tested products, and I think that’s a goal that most of the members of this commission share,” he said.

Voices from the public

During Wednesday’s meeting, advocates, growers, wellness professionals, and business leaders addressed the commission in a public comment session that highlighted the wide-ranging hopes — and frustrations — of those awaiting a regulated market.

Chelsea Higgs Wise, founder of Marijuana Justice, praised the commission for opening a space for dialogue but urged members to stay grounded in the equity framework laid out in the state’s original adult-use blueprint.

“The 2020 JLARC report was key to be lifted,” she said, referring to the legislative audit report that called for an equitable cannabis market. 

“From the public comments, it appears Virginians are unified on wanting broad inclusion within the market versus only benefiting a well-resourced few. There is still much work to be done and we are confident the commission will take this seriously,” she added.

Jason Blanchette, president of the Virginia Cannabis Association, pointed out that the core elements of the legislation have already passed twice — just not survived Youngkin’s vetoes.

“So obviously our hope in representing small Virginia businesses and small farmers … is that we can all come to an agreement at some point here, right?” he said.

That hope was echoed by Thelonius Cook, a farmer on the Eastern Shore and president of the Mid-Atlantic Black Farmers Caucus.

“I’m here to represent the voice of small farmers, and in particular, Black farmers,” Cook said. “Had it not been for the enslaved labor of Africans producing tobacco and the plantations of Virginia, this colony would have not survived, let alone went on to become America. We want to make sure we have an opportunity to participate in this agricultural revolution.”

Jabria Craft, a cannabis wellness coach from Richmond, spoke passionately about moving beyond product hype and fear-based regulation.

“My platform is rooted in helping people build sustainable and informed relationships with this plant,” she said. “Education is either nonexistent or filled with shame at risks, instead of benefits and support. I would like to see Virginia cannabis as an industry that’s centered in education, intention, and equity… and that us Black and brown and queer folks aren’t left behind on a system that was built on their backs.”

A policy puzzle with political stakes

While Democrats are banking on winning back the governor’s mansion in November — with former U.S. Rep. Abigail Spanberger as their nominee — the cannabis debate remains far from settled. The commission’s task now is to rework and refine the blueprint for legislation that can be enacted under new leadership.

Del. Chris Obenshain, R-Montgomery, a local prosecutor and one of two House Republicans who supported Krizek’s retail bill earlier this year, has publicly advocated for a pragmatic approach to cannabis reform.

“I have been an advocate for common-sense legislation to regulate the adult cannabis market in Virginia,” Obenshain told The Mercury in March. 

“I’ll continue working in a bipartisan fashion until we find the right balance on legislation that can keep Virginians safe while also eliminating the confusing legal regime and proliferation of potentially dangerous products that currently exists.”

Yet Youngkin has remained firm in his opposition. His administration warned that legal cannabis use could harm children, deteriorate mental health outcomes, and worsen public safety — claims many advocates reject as overblown or unfounded.

One of the bills Youngkin vetoed, HB 2555 by Del. Rozia Henson, D-Woodbridge, would have allowed incarcerated individuals with marijuana-related felonies before 2021 to seek sentence modifications. The governor said that could apply to people convicted of more serious drug offenses, including fentanyl trafficking, and impose “undue burdens” on courts and victims.

Another vetoed measure, HB 2613 by Del. Nadarius Clark, D-Suffolk, aimed to prevent courts from using legal cannabis consumption against parents in custody or visitation decisions. 

Youngkin argued the bill could “risk exposing children to harm.”

The road ahead

As the commission begins its work, members say they will focus on listening to the public, gathering expert input and refining a proposal that can finally bring structure to Virginia’s cannabis landscape.

Krizek said public engagement would be a top priority in the first year. “The idea will be to craft the best bill possible to reintroduce next session,” he said. “So you know it’s a priority of mine.”

Though the governor’s mansion has served as a roadblock so far, Democrats hope the upcoming election — and a shift in executive leadership — will provide the opening they need to bring a legal retail cannabis system to fruition.

Until then, the panel has its work cut out for it. It is set to meet next on Aug. 20.

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