Marijuana sales are back, will local governments have a say?

Local governments are waiting to see what control they will have when legal marijuana sales begin in 2027

Good morning! It’s June 18. Local governments know they’ll be able to tax marijuana sales, but don’t know yet if they will have any local control. York County supervisors place more requirements on substance abuse centers like the one being developed on Bypass Road. Freight train strikes and kills man in Williamsburg. York celebrates tens of thousands of visitors from last week’s Sail Yorktown Festival.

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Legal marijuana sales are coming, and local governments are waiting to see what rights they will have to control the business.

Gov. Abigail Spanberger announced Tuesday she had agreed with legislative leaders to legalize marijuana sales starting next year, as part of the budget package that is still being hammered out with the state Senate and House of Delegates.

Virginia legalized possession of marijuana in 2021, but not its commercial sale.

Under the agreement announced by Spanberger, sales could begin July 1, 2027. Cannabis sales will be limited to 350 establishments statewide, under licenses approved by a state board, the governor said.

The agreement would limit the sale of THC products, prohibit underage sales and require stores to be at least 1,000 feet from schools, hospitals, playgrounds or drug treatment facilities.

And of course, there will be tax revenue in play – the state will charge a 6% cannabis sales tax, rising to 8% in 2029, according to the governor’s press release. Local governments will be able to tack on additional taxes of 1% to 3.5%.

The state said its revenue would go to education, substance abuse prevention and treatment, and to the Cannabis Equity Reinvestment Fund to “help address longstanding disparities in communities historically and disproportionately targeted and affected by over-policing.”

State proponents said allowing private businesses to establish a safe market would drive business away from illegal drug distributors.

But there’s been no mention yet of what rights, if any, local governments will have to control sales through zoning or other powers, York County Attorney Richard E. Hill Jr. told the York board of supervisors Tuesday night.

James City County supervisors rejected an application for a vape shop last week that would have been located adjacent to the Greenwood Christian Academy after complaints from parents.

James City County attorney Adam Kinsman told us he has not yet seen the bill language, since it is not finalized, “but it appears that there is no local opt out.”

Kinsman noted the governor’s press release made “no mention of local authority other than the ability to impose a tax. “

“Stay tuned,” Hill said.