RICHMOND, Va. (Feb. 3, 2025) – Last Friday, the Virginia Senate passed a bill to legalize retail marijuana sales despite ongoing federal cannabis prohibition.
Sen. Aaron Rouse and two cosponsors filed Senate Bill 970 (SB970). Adults over 21 in Virginia can possess and grow marijuana, but retail sales remain illegal. This legislation would establish a framework for a retail marijuana market in Virginia administered by the Virginia Cannabis Control Authority. Under the proposed law, retail marijuana sales would begin on May 1, 2026, despite the fact that this is illegal under current federal law.
On Jan. 31, the Senate passed SB970 by a 21-19 vote.
EFFECT ON FEDERAL PROHIBITION
Virginia established a viable medical marijuana program in 2020 and also decriminalized marijuana possession. The state went on to legalize the possession of marijuana for adult use in 2021. The passage of SB970 would take the next step and establish a viable regulatory structure for retail sales.
According to the federal government, this is all illegal.
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.
The legalization of marijuana for personal use in Virginia took the next step and removed another layer of laws prohibiting the possession and use of marijuana in the state even though federal prohibition will 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.
WHAT’S NEXT
SB970 will move to the Virginia House for further consideration.
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