Recent Cannabis Legislation in Virginia

Virginia's cannabis legislative landscape has shifted dramatically in 2026. After years of political gridlock — a reenactment clause, two gubernatorial vetoes, and a change in party control — the General Assembly has passed landmark retail market legislation along with companion bills addressing medical access, criminal justice reform, and parental rights. This page tracks the most significant recent and pending legislation.

HB 642 / SB 542 — Retail Cannabis Market

Status: Passed — House 64–32, Senate 21–18 (March 14, 2026)

Lead sponsors: Del. Paul Krizek (House), Sen. Lashrecse Aird (Senate)

HB 642 is the comprehensive bill that finally creates Virginia's retail cannabis market, ending more than five years of legal-but-not-purchasable limbo. Key provisions include:

Market Structure

• Retail sales begin January 1, 2027
• License applications open July 1, 2026 through the CCA
• License caps: 350 retail stores, 450 cultivation facilities, 60 processors, 25 wholesalers, 100 microbusinesses
• Maximum 5 licenses per person
• Existing medical processors must pay a $10 million conversion fee to enter the retail market

Tax Structure

Social Equity

• 50% of retail licenses reserved for social equity / impact applicants
• Cannabis Equity Reinvestment Fund receives 30% of tax revenue
• Impact applicant criteria include prior cannabis convictions, residence in disproportionately enforced communities, and income thresholds

Hemp Regulation

• The CCA gains authority over intoxicating hemp-derived products (Delta-8, etc.)
• Closes the regulatory gap that allowed untested, unregulated hemp products to be sold without age verification

Public Possession Increase

• Public possession limit increases from 1 ounce to 2.5 ounces
• Home possession and home cultivation (4 plants per household) remain unchanged

HB 391 — Medical Labeling and Delivery

Status: Passed — 139–0 (unanimous)

Sponsor: Del. Askew

HB 391 improves the medical cannabis program with near-universal legislative support. Key provisions:

• Enhanced labeling requirements for medical cannabis products, including clearer dosing information, ingredient lists, and allergen warnings
• Delivery authorization for medical cannabis — allowing dispensaries to deliver directly to registered patients
• The unanimous 139–0 vote reflects broad bipartisan support for improving medical patient access

SB 1466 / HB 2723 — Expungement and Automatic Sealing

Status: Passed 2025 — Effective July 1, 2026

This companion legislation addresses the criminal records of Virginians convicted under prior cannabis laws:

• Automatic sealing of certain cannabis-related records beginning July 1, 2026
• Individuals with eligible cannabis convictions will no longer need to petition the court for expungement — records will be sealed automatically
• Sealed records will not appear in standard background checks, removing barriers to employment, housing, and education

Organizations like Nolef Turns and Marijuana Justice have been instrumental in advocating for these provisions.

HB 26 / SB 62 — Resentencing Relief

Status: Passed

HB 26 / SB 62 provides resentencing relief for individuals still serving sentences for cannabis-related offenses that are no longer criminal or that carry lighter penalties under current law:

• Individuals serving sentences for offenses that have been decriminalized or legalized can petition for resentencing
• Courts are directed to consider the current legal status of the offense when evaluating petitions
• Intended to address the injustice of individuals remaining incarcerated for conduct that is now legal in Virginia

HB 942 — Parental Rights

Status: Passed

HB 942 addresses the intersection of cannabis use and parental rights in Virginia:

• Prohibits the use of legal cannabis consumption as the sole basis for adverse findings in child custody or child protective services proceedings
• Aligns cannabis treatment with alcohol — legal use alone cannot be used to remove children or deny custody
• Does not protect parents who consume cannabis in a manner that endangers children (e.g., impaired driving with minors)

Tracking Virginia Cannabis Legislation

To stay current on cannabis bills in the Virginia General Assembly:

• CCA legislative tracker: cca.virginia.gov — 2025 General Assembly Cannabis Legislation Update
• Virginia NORML tracker: vanorml.org — 2025 Legislation
• Virginia Legislative Information System: lis.virginia.gov

Key Legislators

The following legislators have been central to Virginia's cannabis reform efforts:

• Del. Paul Krizek — Lead House sponsor of HB 642, Chair of the Joint Commission on retail cannabis
• Sen. Lashrecse Aird — Lead Senate sponsor of SB 542 (companion to HB 642)
• Sen. Adam Ebbin — Original sponsor of the 2021 legalization bill (SB 1406), long-time cannabis reform advocate
• Gov. Abigail Spanberger — Elected November 2025, campaigned on establishing a regulated retail market

What These Bills Mean for Virginia

The 2026 legislative session represents a turning point for Virginia cannabis policy. Together, these bills:

• End the limbo. HB 642 finally bridges the gap between legal possession (2021) and legal purchase (2027), resolving a five-year anomaly
• Address past harms. Expungement, automatic sealing, and resentencing provisions acknowledge the disproportionate enforcement of cannabis prohibition
• Improve medical access. Delivery authorization and enhanced labeling make the medical program more accessible and transparent
• Protect families. Parental rights legislation ensures legal cannabis use cannot be weaponized in custody proceedings
• Build equity into the market. The 50% equity reservation and Cannabis Equity Reinvestment Fund aim to ensure the legal market benefits communities most harmed by prohibition

Related on this site: Virginia Cannabis Legalization Timeline, Send a Message, Contact Us.