Virginia Senate Committee Adds Harsher Penalties to Cannabis Retail Proposal

The Virginia bill to set up a regulated adult-use cannabis market advanced last week from the Senate Courts of Justice Committee with amendments from the chair that add harsher penalties for illegal cannabis sales, buying cannabis from someone without a retail license, and underage possession, Virginia Public Media reports.

Senate Majority Leader Scott Surovell (D), the committee chair, argued that cannabis-related crimes should align with those the state imposes for alcohol, and that without penalties, there would be no incentive for people utilize the legal market.

One amendment would impose a Class 1 misdemeanor, which carries a penalty of up to a year in jail and a $2,500 fine, for a first conviction for illegal sales. The penalty for that crime in the original version of the bill imposed a Class 2 misdemeanor charge. Another amendment would impose a Class 1 misdemeanor for buying cannabis from someone without a license and for underage possession. Under the previous version of the bill, underage possession only called for a $25 fine and substance abuse and cannabis education class requirements.

Surovell said people under 21 convicted of these crimes could have the charges deferred or dismissed, and that the aim of the harsher penalties for youth was to draw parallels between cannabis and alcohol.

Another amendment keeps some of the state’s current cannabis laws intact – such as illegal possession of more than five pounds of cannabis with the intent to sell, which is punishable with between five and 30 years in prison. That law was repealed in the original version of the legislation.

The amended version of the bill passed out of the committee.