Joint Commission unveils changes to cannabis bill, setting stage for 2026 retail launch

Virginia lawmakers took another decisive step Tuesday toward launching a legal cannabis retail market in 2026, unveiling a revised legislative blueprint that scraps local opt-outs, tightens ownership rules and aims to favor small, independent operators over deep-pocketed national brands.

The Joint Commission on the Future of Cannabis Sales met for the final time before the General Assembly gavels in this January, capping months of hearings, stakeholder briefings and community meetings. 

After Gov. Glenn Youngkin vetoed last year’s bill, the commission’s revised framework attempts to salvage and overhaul earlier attempts — and to address what legislators described as persistent loopholes around consolidation, equity and uneven local control.

“Over the past few months, our commission has worked diligently to review existing law and develop a bill that will not only establish a much needed adult use retail market here in Virginia, but also reflect what Virginians want it to be,” said Del. Paul Krizek, D-Fairfax, the commission’s chair, who opened the two-hour meeting by thanking the room packed with industry players, farmers, faith leaders and public-health advocates. “And we’ve listened to you.”

Krizek made clear, however, that while the commission is aligned on many major components, the exact bill text remains under revision. 

“We are not actually unveiling the actual bill, because there’s still a lot of tweaking going on,” he said, adding that commissioners remain “100% on the same page” about the structure needed to launch retail sales by Nov. 1, 2026. 

“We’ve got some things that we still need to work on, and we’re going to continue to do so.”

A long road from 2021 to a full retail market

Tuesday’s meeting reflected how close lawmakers now are to completing the work that began when Virginia legalized possession, home cultivation and limited personal sharing of cannabis in 2021. 

Even after that important step, lawmakers never finalized the second stage of legalization — the commercial framework — leaving Virginians able to legally possess marijuana but with no legal place to buy it. 

That gap spurred the growth of an unregulated market of vape shops, hemp-derived THC products and illicit storefronts that regulators and police say have outpaced the state’s ability to monitor them.

Lawmakers revived the effort after Youngkin rejected a previous retail legislation, pushing forward with a new commission structure and a set of goals centered on safety, equity and protecting small businesses. 

Krizek said the new draft reflects those priorities — and the need for a regulated marketplace with testing, labeling and age verification. 

“Our biggest concern has been public safety,” he said. “A regulated retail market will replace the illicit market.”

He said the legislation “builds a new market that supports hundreds of small businesses and strengthens Virginia agriculture, reduces the racial disparities created by the prohibition on marijuana, and, most importantly, protects public safety and health.”

Local opt-outs removed — a defining policy shift

One of the most closely watched shifts is the removal of the local opt-out provision.

Local governments would no longer be able to ban cannabis retail through referenda. Krizek said the change was rooted in lessons learned from other states where patchwork rules allowed robust illicit markets to flourish in “dry” counties.

“The one big change is that we do not allow localities to opt out,” he said. “So there will not be any dry counties, like in the days of alcohol (prohibition).”

Local governments would still control zoning and could levy up to a 3.5% local cannabis tax, giving them flexibility to shape how sales operate in their jurisdictions.

The change drew immediate objections from socially conservative groups. 

“I think we’re extremely discouraged by the fact that we’re not going to have some type of local referendum,” said Todd Gathje of The Family Foundation. “(Localities) may not want this, and they should be able to let the citizens decide.” 

Gathje argued legalization would not curb illegal sales and cited national research showing illicit markets remain active.

Another major pillar of the proposal is preventing large multistate companies from dominating Virginia’s market. 

Taylor Mey, an attorney with the Division of Legislative Services, said the draft incorporates months of expert testimony and adjusts language from the previous vetoed bill.

“These proposed changes should be understood as changes to the statutory language that was in the bills last year,” Mey said, adding that stakeholder input shaped the revisions.

Under the new framework, the Cannabis Control Authority would have broad authority to review ownership deals and financial arrangements for signs of vertical integration or undue influence. 

All owners would be traced to their “ultimate beneficial” identity, transfers would require state approval, and no one could hold more than one Tier IV cultivation license. The CCA would publish a public registry of ownership and submit annual reports to the commission.

Supporting small businesses through impact licenses

Krizek said equity and access remain central, describing a system designed to prioritize small operations over large corporate entrants. “Equity is not an afterthought though, it’s a foundation as well,” he said.

Under the proposal, microbusiness licenses are reframed as “impact licensees.” Applicants must meet at least four of seven race-neutral criteria tied to past criminalization, agricultural distress or geographic disadvantage. 

The license would allow limited cultivation, processing and direct-to-consumer sales, including delivery.

A temporary direct-to-consumer microbusiness track — capped at 100 — would allow qualifying hemp growers and processors to begin cultivating and selling cannabis earlier than full retail stores, beginning no sooner than Nov. 1, 2026. 

Krizek said the early access could help small operators establish themselves before larger retailers enter the market.

Rural leaders urged lawmakers to ensure those pathways remain inclusive. 

The Rev. William Avon Keen of Halifax County warned that production caps could sideline minority farmers, as happened historically in tobacco. 

“The limited licenses and the limitations may, in one area, cut out certain people to be in this business,” he said.

Speakers also pressed the commission to prioritize youth protections and enforcement. 

Cynthia Phillips of Danville said communities need more education about secondhand smoke and how cannabis use affects employment eligibility. “And the other one is services for those that become addicted to this product,” she said.

The Rev. Ricky Hailstock of Lynchburg urged lawmakers to address illegal vape and smoke shops that he said are selling unsafe and untested products to minors.

“I just ask the commission to consider … determining the legal limits on the amounts of the product that individuals could possess,” he added.

Sen. Adam Ebbin, D-Alexandria, said Virginia’s current $25 penalty for public consumption is too weak to deter smoking cannabis on sidewalks or near restaurants. 

“I think that’s much too lenient a penalty,” he said, adding that expanded inspections of vape shops could help uncover violations.

Remaining disagreements and the road to January

Commission members signaled broad support for the overall structure but acknowledged continuing disagreements. 

“It’s kind of a mixed bag on this bill,” said Del. Buddy Fowler, R-Hanover. “There’s some things that I really like, and there’s some things there I really hate.”

Del. Cia Price, D-Newport News, said the commission is still balancing “today’s political and economic realities” with the need to avoid strengthening the illicit market. “I think we have a little bit more work to do to achieve that balance,” she said. “Please keep your comments coming, we really do read every single one.”

Sen. Lashrecse Aird, D-Petersburg, the commission’s co-chair, emphasized that the draft remains fluid. 

“You will hear support for some of those recommendations, and you will hear continued opposition,” she said. “They are simply recommendations that will continue to be fluid … through the legislative process.”

Advocates raised concerns about the timeline. 

Chelsea Hicks Wise of Marijuana Justice Virginia said the Cannabis Control Authority may not be staffed in time for a Nov. 1, 2026, retail launch. “If the micros and the hemp conversions are not ready … it would only be the medical folks that are there and able to sell,” she said.

Krizek reiterated the timeline: license applications on July 1, 2026, early microbusiness operations starting in September and the full market opening Nov. 1. “This is just a step in the process,” he said. “We continue to require your feedback.”

For the first time since legalization in 2021, lawmakers now have a clear path to a regulated market — and a proposal that Gov.-elect Abigail Spanberger has vowed to sign into law following thorough review. 

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