Editorial: On marijuana, a long road remains to legalization

The Virginian-Pilot & Daily Press Editorial Board, The Virginian-Pilot
·3 min read

Virginia lawmakers voted at the end of the recently completed legislative session to legalize recreational marijuana, but missed a singular opportunity to deliver the type of substantive reform to the criminal justice system’s handling of offenses needed in the commonwealth.

As a result, more Virginians — Black and brown Virginians, primarily — will suffer needlessly as a result of the legislature’s dithering.

It looked like Virginia was poised for real progress when the Senate voted to legalize simple possession and limited home cultivation effective July 1. Instead, the House pushed to delay those important milestone until 2024. The rest of the massive undertaking — and it is a heavy lift the commonwealth will need to accomplish — came as part of a watered-down compromise bill.

There is no question the commonwealth has a lot to do. Lawmakers clearly recognize the daunting work ahead. But that doesn’t dim the disappointment of a hollow measure that virtually guarantees more Virginians will face punishment for offenses now set to be legal in three year’s time.

Legalizing marijuana smartly will take considerable time and effort if lawmakers are to do it properly and without creating more problems than they solve.

The Joint Legislative Audit and Review Commission report examining the prospect of legalization plainly sets forth the many hurdles. Virginia must establish rules for cultivation, processing, distribution, testing, sales, possession and rework the legal framework for all of the above.

It will need to designate the authority for enforcement, how to license the commercial market and determine who will be able to work in the industry, among other tasks. The commonwealth will also need to address past offenses, resolving those convicted on marijuana charges and those still in the criminal justice system.

Obviously, with so much to tackle, there are a lot of ideas as to how to follow through. Advocacy groups have been deeply involved in the work, calling for lawmakers to use this opportunity to help communities most affected by the war against drugs.

Members of the General Assembly worried, perhaps rightly, that a move to legalize marijuana as of July 1 would be too hasty and allow unregulated markets to flourish in advance of establishing a regulatory framework.

There were also some lawmakers who believed the public should have a say and called for a ballot referendum to allow voters to decide whether to pursue legalization. Never mind that polling has repeatedly confirmed widespread, bipartisan support for ending the ridiculous and costly prohibition against pot.

It’s also important to point out that the difference of opinion within the legislature was generally confined to Democrats, who control both chambers. Republicans, by and large, reject legalization, even though some have previously voiced broad support for decriminalization and legal reform.

By waiting, Virginia will have no excuse for mistakes as it proceeds. After all, it’s not as though the commonwealth will be the first to do this. Recreational marijuana is legal in 15 states and the District of Columbia, and Virginia officials should draw on those best practices as it establishes a commercial marketplace and regulation structure.

But pushing back the legalization of simple possession and home cultivation by three years will undoubtedly mean that an untold number of Virginians end up in court for offenses that the legislature has already voted to end in 2024.

Those people, statistics show, are likely to be Black and brown residents of communities that have already borne a disproportionate burden because of uneven enforcement of drug laws. It’s wrong-headed to condemn more people to that fate.

The General Assembly had good intentions on this issue and began the session, with the support of Gov. Ralph Northam, determined to bring lasting change to Virginia. The commonwealth is poised to reap considerable tax revenue as the first state in the south to legalize marijuana.

Instead, the perfect became the enemy of the good, and the opportunity to make an important change, now, will pass Virginia by. That was a mistake, and we know full well who will pay the cost.