Still Illegal: Governor Vetoes Bill For Retail Sales of Recreational Cannabis

RICHMOND

In 2021, Virginia took a progressive step forward in recreational cannabis use, becoming the first Southern state to legalize simple possession of marijuana.  But lawmakers postponed creation of a legal retail market at that time, leaving the state in an unusual position where possession was legal but recreational sales were not.

State Sen. Louise Lucas of Portsmouth became one of the leading voices pushing to complete that second step – establishing a regulated retail marketplace.

Last week Virginia’s new Governor vetoed legislation lawmakers had approved that would have established a retail framework for the recreational sale of cannabis.

Gov. Abigail Spanberger explained her veto in a statement.

“As Virginia pursues a legal retail market, it is critical that we incorporate lessons learned by other states and ensure that our regulatory framework is fully prepared to provide strong oversight from day one.

That includes clear enforcement authority and sufficient resources for compliance, testing, and inspections, and robust tools to crack down on bad actors who continue to profit from the illicit market.”

Coverage from VPM News described cannabis legislation as one of the major issues creating tension between Democratic lawmakers and Gov. Abigail Spanberger in 2026 after lawmakers rejected some gubernatorial amendments.

The 2026 legislation had aimed to:

• Create licensed cannabis retailers;
• Regulate hemp and marijuana sales;
• Establish tax revenue streams, and;
• Begin retail sales in 2027

Spanberger’s Republican predecessor, former Gov. Glenn Youngkin, had vetoed similar legislation in 2024 and 2025.

Spanberger added that she remains committed to getting the legislation right for her approval.

Patrons of the bill State Sen. Lashrecse Aird, D-Henrico County, and Del. Paul Krizek, D-Fairfax County, responded that the Governor’s veto overlooks the “reality that cannabis is already being sold everyday across Virginia” in an unregulated and illicit market.

Krizek said, “The Governor’s decision leaves the Commonwealth exactly where we have been since 2021: with an unchecked illicit market, hurting our communities, harming our youth and putting adults at risk.  Virginians deserve better than continued inaction veiled behind excuses about getting it right.”

In an interview, Aird said she is unsure if she plans to reintroduce legislation to create a framework for recreational cannabis sales in 2027.

“We do have the joint commission that oversees the transition of the commonwealth into a retail marketplace, and we’re going to spend the summer and fall having those conversations,” she said.

“If the governor is adamant about some of the recommendations in her substitute, those things will be non-starters, and therefore it would be very difficult to see a bill in ‘27. Those are the things we need to spend the time discussing in the interim.”