RICHMOND, Va. (March 10, 2020) – On Sunday, the Virginia legislature passed a bill to decriminalize marijuana possession in the state despite federal prohibition.

A bipartisan coalition of senators and representatives introduced House Bill 972 (HB972) and Senate Bill 2 (SB2) earlier this year. Under the proposed law, marijuana would still be illegal in the state, but possession of up to an ounce of cannabis would be a civil infraction subject to a $25 fine instead of a criminal offense. Under the current law, possession of a half-ounce or less is punishable by up to 30 days in jail and a $500 fine. Possession of hash and other concentrates is a felony.

The legislation also includes provisions to seal the records of past and future marijuana convictions and bars most employers from asking about marijuana convictions in the hiring process.

Different versions of the bill were passed by the House and the Senate leading to a conference committee. The Senate passed the final version 27-12 and the House approved the measure 56-36. The bill now goes to Gov. Ralph Northam’s desk for his consideration. He has expressed support for the legislation.

Sen. Adam Ebbin (D-Alexandria) carried the bill in the Senate. He said the enactment of the law would be good news for thousands of Virginians.

“This means close to 30,000 people a year will no longer be labeled as criminals and no longer will suffer the negative repercussions of a criminal conviction.”

According to a point-in-time study included in a State Crime Commission report, there were 127 people being held in Virginia jails solely on marijuana charges on one day in July 2017.

While the enactment of HB972/SB2 would not end marijuana prohibition in Virginia, it would drastically reduce prosecution and disincentivize enforcement efforts.


Under the federal Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate cannabis within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Despite federal prohibition, Virginia legalized medical marijuana in 2018 and expanded the program last year. Decriminalization of marijuana would remove yet another layer of laws punishing the possession and use of marijuana in the state, but federal prohibition would remain in effect. This is significant because FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. When states stop enforcing marijuana laws, they sweep away most of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.


Virginia joins a growing number of states increasingly ignoring federal prohibition, and nullifying it in practice.

Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. Michigan followed suit when voters legalized cannabis for general use in 2018. Vermont became the first state to legalize marijuana through a legislative act in 2018. Illinois followed suit in 2019.

With 33 states including allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats.

The push to decriminalize marijuana in Virginia underscores another important strategic reality. Once a state legalizes marijuana – even if only in a very limited way – it tends to eventually expand. As the state tears down some barriers, markets develop and demand expands. That creates pressure to further relax state law. These new laws represent a further erosion of unconstitutional federal marijuana prohibition.


Gov. Northam has one month beyond the last day of the session (March 8) to sign or veto SB2/HB972 or it will become law without his signature.

Mike Maharrey

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