How November might impact retail marijuana legalization in Virginia
The latest in Virginia politics.
This is a daily newsletter covering Virginia politics. Virginia Scope exists through donations and paid subscriptions to this newsletter. Please consider donating or becoming a paid subscriber today to help us keep the lights on!
The retail legalization of marijuana could be significantly impacted by November’s elections in Virginia
You might not see it, but the process of how marijuana will become legalized for retail sale is on the ballot this November in Virginia. The commonwealth legalized simple possession of marijuana up to an ounce earlier this year, but the framework for retail legalization — so it can be bought and sold, is still yet to be determined.
After the statewide and House of Delegates elections this November, a new governor will be in office and there could potentially be a new majority in the House. Depending on which party ends up winning, the retail legalization process could be significantly impacted.
“The next governor will decide whether recreational sales happen or not,” state Senator Scott Surovell D-Fairfax said in an interview. “That governor will be in a position to veto any kind of bill that authorizes [retail sales],” Surovell continued while noting that it could have a “very significant impact.”
In a poll from February, 68% of registered voters in Virginia said they support the legalization of marijuana.
Glenn Youngkin, the Republican nominee for governor, has said he has concerns about certain sections of the legislation, but would not seek to repeal the simple possession of marijuana.
“Glenn has serious concerns about the provision of the law that empowers labor union bosses at the expense of small business owners, and would tie the hands of business owners, but has said before that he will not seek to repeal legalization and instead will focus on building a rip-roaring economy with better jobs and bigger paychecks for working Virginians,” said Macaulay Porter, a spokesperson for Youngkin’s campaign.
Youngkin would only be confronted with the prospect of repealing simple possession if the House and Senate vote with a simple majority to repeal it.
Speaker of the House Eileen Filler-Corn’s office says the Republicans would try and repeal the legalization of marijuana if they can. The entire GOP House caucus voted against the bill earlier this year, but it still passed with 54 Democratic votes. The House Republican caucus has not responded to questions after multiple attempts from Virginia Scope.
Filler-Corn’s Democratic caucus has a 55-45 majority after the Democrats flipped 21 seats during the previous two cycles.
“The marijuana reform legislation passed by the Democratic Majority over the objections of Republicans is widely supported by Virginians in all regions of the state,” said her communications director, Sigalle Reshef. “And while Democrats are focused on continuing to move Virginia in the right direction, providing equity in our marijuana laws, and establishing a responsible path forward, Republicans have made it clear they will try to repeal the progress we’ve made in the last few years.”
If Youngkin wins and the Democrats keep control of the House, he could potentially veto any new legislation that the General Assembly sends him that he doesn’t like. That would be in his power as executive given to him by Virginia voters.
A Youngkin veto on Democratic legislation that he disagrees with could stall the retail legalization process, leaving no options to legally purchase marijuana in Virginia. “Even if we were able to work things out, I doubt that there are enough votes on the Republican side to override any kind of veto,” Surovell said.
The Youngkin campaign would not comment on hypotheticals.
A spokesperson for the Democratic gubernatorial nominee Terry McAuliffe said he fully supports the legislation already put forth from the Democrats to establish retail sales and would veto anything that would repeal legalization. “Marijuana legalization is going to bring over $300 million dollars in revenue per year to our Commonwealth and any efforts to repeal this legislation would be ludicrous,” said McAuliffe spokesperson Renzo Olivari. “And let’s not forget, this bill passed with bipartisan support. If there were an effort to repeal it, Terry would do exactly what he has done before: work with both sides to find a path forward and keep this new law on the books.”
The Senate will remain a 21-19 majority for the next two years, but a Republican victory in the lieutenant governor’s race would leave the Democrats with only one vote to spare. The lieutenant governor presides over the state Senate and only votes to break a tie.
Democratic lieutenant governor nominee Hala Ayala touted the economic benefits of retail legalization in a statement to Virginia Scope. “The fact of the matter is that legalizing marijuana is good for the economy and a central component to equitable criminal justice reform,” Ayala said. “In addition to helping our Black and Brown community members who have been unjustly targeted by marijuana criminalization in the past, legalization will create thousands of new jobs in Virginia, lead to hundreds of new businesses, and generate millions of dollars in revenue that will go towards supporting Pre-K education for our at-risk children, rehabilitation services for those plagued by drug addiction, and reinvestment in communities hurt by prohibition.”
Republican lieutenant governor nominee Winsome Sears expressed caution about moving forward with legalization. “The legalization of marijuana should still be studied and scrutinized despite its new accepted status,” Sears said in a statement to Virginia Scope. “We should continue to study the effects that it has on people-on families. We have to determine whether or not it creates success or destroys success.”
A report from Governor Northam’s office earlier this year projected that Virginia could receive around $275 million in tax revenue each year from the legalization of marijuana.
Under the current law, households can grow up to four marijuana plants at a time and adults over 21 years old can gift it to other people — but it is still illegal to sell marijuana in the commonwealth.
Virginia voters will ultimately decide who is in control of creating the framework for retail sales this November. The Democrats could keep the House and statewide seats enabling them to remain in the driver’s seat for legalization — or the Republicans could flip 6 seats and win the Executive Mansion giving themselves prominent influence over the remainder of the process.
Early voting in Virginia begins Sept. 17.
Virginia schools heading back with mishmash of local mask policies - Virginia Mercury
by Graham Moomaw
When Gov. Ralph Northam reiterated last week that he expects Virginia school systems to follow public health guidelines and require masks indoors, he suggested state law gives them no choice.
“I don’t know that it can be any simpler than that,” Northam said at a news conference. “It’s the law of the Commonwealth of Virginia. And I expect our school districts to follow the law.”
Democratic lieutenant governor nominee Hala Ayala announces vaccine requirement for campaign staff
Veronica Ingham, Hala for Virginia campaign manager, released the following statement:
“Once again, Delegate Hala Ayala is leading by example and putting the health and safety of Virginians first. In order to defeat COVID-19, we must follow the science and do our part by getting vaccinated and taking necessary precautions. Today, the Hala for Virginia campaign is proud to announce we will require all current and future campaign staff to be fully vaccinated. Doing so will protect not only our team, but our volunteers, supporters, and all community members across the Commonwealth.”
Attorney General Mark Herring announces vaccine requirement for campaign staff
“We must all do our part to stop the spread of the COVID-19 virus and any variants. The only way we do that, is with responsible decisions like this one, that the Herring for AG campaign has made, to ensure all staffers, volunteers, and supporters are protected by requiring a full vaccination for all campaign staffers,” Campaign Manager Farah Melendez said. “Virginians need a leader who puts the safety and health of all residents first, that is what Attorney General Mark Herring is doing with this requirement."
GOP Congressman Bob Good blasts school mask requirements in Pittsylvania County, calling it 'child abuse' - Danville Register & Bee
by JOHN CRANE
Fifth District Congressman Bob Good criticized mask requirements at the Pittsylvania County School Board meeting Tuesday night, calling mandates on K-12 students to wear masks “child abuse.”
“It’s child abuse to require children to wear masks all day, so I would ask you not to do that,” Good, a Republican, told school board members. He also took the opportunity to spread disinformation, claiming that masks have not been shown to make any difference in stopping the spread of COVID-19.
More News
As COVID-19 surges in red states, Republicans take to mask wars
Statues are down, but on A12 anniversary, some say more needs to be done
Rally lawsuit plaintiffs seek sanctions against car attacker Fields
Police investigate vandalism of rainbow flag at Virginia Tech's Wesley ministry
Court filing seeks to prevent blasting for pipeline on Bent Mountain
National
House Dem moderates lay out battle lines as Pelosi stands firm - Politico
By SARAH FERRIS and HEATHER CAYGLE
Speaker Nancy Pelosi told her caucus Wednesday she would not waver from her two-pronged strategy to deliver President Joe Biden’s main domestic priorities, bringing the House closer to a standoff between Democrats' leadership and their most vulnerable members.
The California Democrat reiterated in no uncertain terms during a call with members that she would only bring the Senate’s bipartisan infrastructure deal to the floor after the upper chamber finishes the party’s $3.5 trillion social spending package. Her approach shrugs off a growing pressure campaign from moderates, who are urging Pelosi to take up the Senate infrastructure bill more quickly so that they can sell it to voters back home.
As Congress Recesses, Democratic Successes Do Not Include Voting Rights - NYT
By Nicholas Fandos
With deadlines looming ahead of next year’s midterm elections, the Senate adjourned on Wednesday for a monthlong recess with only the slimmest of paths left for passing federal voting rights legislation that Democrats hope can stop a wave of Republican state laws clamping down on ballot access.
Before dawn on Wednesday, Senate Republicans blocked last-minute attempts to debate a trio of elections bills, but Democratic leaders vowed that more votes would be the “first matter of legislative business” when they return in mid-September. First up is likely to be a scaled-back version of the party’s far-reaching Senate Bill 1, the For the People Act, or S. 1, that Democrats believe will unite all 50 senators who caucus with them.
$1 trillion U.S. infrastructure bill includes billions for Virginia transportation, flood protection projects - Daily Progress
by Dave Ress
The $1 trillion infrastructure bill that passed the Senate this week includes money that could put several Hampton Roads resiliency projects on a fast track, Sen. Mark Warner said.
Warner said the $47 billion in the bill for resiliency measures could go for a wide range of projects including the Lafayette River Outer Surge Barrier, the Ghent-Downtown-Harbor Park barriers, and the Pretty Lake Upper Surge Barrier.