VThe Democratic-led Illinois General Assembly has passed a number of marijuana-related bills in recent weeks and sent them to Republican Gov. Glenn Youngkin. Despite the federal adoption of legislation in 2021 legalizing the use, possession and home cultivation of cannabis, he was wary of embracing reform.
Among the legislatively approved measures: a plan to legalize retail marijuana sales and address outrage against people incarcerated for past marijuana convictions (both passed on largely party-line votes); , as well as a more broadly supported measure that would prevent states from using cannabis alone. Evidence of child abuse or neglect.
Here is a summary of the main cannabis measures sent to Youngkin's desk this session: The governor can choose to sign the bill, veto it, allow it to become law without a signature, or send it back to lawmakers with any requested amendments.
retail sales
Adult use, possession and limited cultivation of marijuana is already legal in Virginia, the result of a Democratic-led proposal approved by lawmakers in 2021. However, there is no place where adults can legally purchase marijuana. Illegal stores have sprung up to meet consumer demand, and some estimates put the value of the unregulated market at around $3 billion.
After months of negotiations over issues such as licensing, social equity, taxes, and even whether cannabis plants can be grown outdoors, Democratic lawmakers are moving forward this Congress to allow retail sales to begin on May 1, 2025. We have reached a compromise that allows us to start. In late February, the bill passed by a narrow margin, with few Republican votes.
The question is whether Governor Yonkin will put this measure into effect. Yonkin said that even though lawmakers working to pass legal sales legislation have been contacting him for months to see how he would respond. have said they have received little or no response from their offices. And the governor has remained silent since the Legislature passed the bill.by email to marijuana moment In late February, his press secretary pointed to comments Yonkin made in early 2024 in which he said he “doesn't have much interest in moving forward with marijuana legalization.”
parental rights
Legislation to protect parents and guardians who use marijuana has been introduced in both chambers of this Congress (SB 115 in the Senate and HB 833 in the House) and received bipartisan support in key floor votes. Notably, the vote of the full Senate was unanimous or near-unanimous support.
Advocates have heard numerous cases in which a parent or guardian's status as a medical marijuana patient was used to withhold custody or visitation.
If the bill becomes law, marijuana use alone would no longer be considered evidence of child abuse or neglect. Additionally, child custody and visitation drug testing would “exclude testing for substances permitted for lawful use by adults” under the state's Alcohol, Marijuana and Other Drugs Act. The bill states that “lawful possession or consumption” of these substances “is not a basis for restricting custody or visitation unless other facts demonstrate that such possession or consumption is not in the best interests of the child.” It must not be done.”
Advocates say they have received numerous calls and emails since legalization about cases in which a parent or guardian's status as a medical marijuana patient was used to have custody or visitation rights withheld.
As with other issues surrounding marijuana, the governor has not clearly stated his position on the bill. But given broad bipartisan support in the Senate and advocates' efforts to incorporate feedback from the governor's office last year, advocates believe cannabis-related policies will win his acceptance. I believe this is one of the more likely possibilities.
Unlike other cannabis proposals this Congress, the parental rights bill was passed with Youngkin only seven days to consider and decide on the bill.
recidivism
Despite federal legalization of marijuana, hundreds of people remain incarcerated on marijuana charges in Virginia. Sen. Angelia Williams Graves' (D) SB 696 would help many of these people by providing resentment relief for most marijuana convictions, including violent felonies. Dew.
If the bill becomes law, many criminal cases would need to be retried by the end of 2024. Meanwhile, people whose other convictions were commuted because of past marijuana convictions will have until April 1, 2025, to have a hearing. If it were automatic, some people convicted of a crime would have to apply to court for relief.
“We have to start looking at the people because the country stands to make billions of dollars.”
A variety of civil rights and justice organizations support the measure, including the Virginia NAACP, NORML, Marijuana Justice, Rise for Youth, The Last Prisoner Project, and Noref Turns.
“Now that the state is about to make billions of dollars from a plant that probably shouldn't have been criminalized, we have to start looking at the people,” said Virginia NORML board member and founder of Norev Turns. said Sheba Williams, Executive Director. , Said marijuana moment. “Many of us have been working for a long time to address this issue.”
Mr. Yonkin has not taken a position on the issue, but Mr. Williams and other advocates have vowed to work on reform again in the next legislative session if the governor stands in the way of the current bill. ing.
protection of civil servants
Rep. Dan Helmer's (D) HB 149 would allow public sector employees to use medical marijuana without fear of losing their jobs. It expands on protections already given to private sector employees through legislation passed in 2021, which Helmer said “unintentionally did not protect public servants.” .
The bill would protect firefighters, police officers, teachers and other employees who use cannabis to treat medical conditions or illnesses, and had bipartisan support among lawmakers.
“My members report significantly less dependence on alcohol, more time sleeping at home, and other positive effects.”
Joe Mirabile, president of the Virginia State Firefighters Association, spoke in favor of the proposal during the committee hearing, noting that his members benefit from marijuana.
“My members also experience other positive effects, including significantly reduced dependence on alcohol, more time sleeping at home, and reduced joint and muscle pain without the need for opioid prescriptions. “We are reporting that there are,” Mirabile said.
Other laws
According to , a number of other cannabis-related bills were passed this Congress. cardinal news.
For example, HB 452, sponsored by Democratic Sen. Katrina Coulsen, would rescind a provision that prevents people with past convictions for simple marijuana possession from entering the “drug offender” program for the first time. The bill, now on the governor's desk, passed the Senate unanimously and received some Republican votes in the House.
Meanwhile, a Republican-led proposal, HB 815 by Democrat Mike Cherry, would extend the maximum allowable expiration date for cannabis products to 12 months. The bill passed both chambers on a bipartisan vote.
Here are some other suggestions regarding marijuana. cardinal news The report, which includes a criminal justice bill related to marijuana penalties (HB 773) and a Republican-led bill that would set the presumptive DUI limit at 0.004 milligrams (HB 448), will either continue through 2025 or be approved during this session. No action was taken at all. Delta 9 THC per liter of blood.
Another bill proposed by Republicans, HB 1485, which would have raised the allowable concentration of THC in industrial hemp to 1 percent, failed outright in a House committee on a 12-10 vote.
2022 Governor Youngkin Photo by Gage Skidmore via Flickr/Creative Commons 2.0
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