New Virginia Bill Would Start Adult-Use Marijuana Sales By November 2026

1 December 2025

Virginia is on the brink of a major shift in cannabis policy once again. Four years after the General Assembly legalized possession and home cultivation but stopped short of creating legal retail sales, lawmakers are preparing to debate a comprehensive plan that would finally launch a regulated adult-use cannabis market.

The new framework comes from the Joint Commission on the Future of Cannabis Sales, sometimes called the Joint Commission to Oversee the Transition of the Commonwealth into a Cannabis Retail Market. Over the past year, the commission has held hearings on taxation, equity, small-business opportunity and public safety. Now it is ready to present a bill that sponsors plan to file in the 2026 legislative session.

At the center of that bill is a firm target date. If the General Assembly passes the measure and Governor-elect Abigail Spanberger signs it, legal adult-use sales could begin on November 1, 2026. This would move Virginia from a partial-legalization model, where adults can possess and grow cannabis but have no legal way to buy it, to a full retail system.

The stakes are high. Supporters say the absence of legal stores has left too much room for illicit operators and confusion. Krizek, who chairs the commission, has said that voters signaled a new direction by electing Spanberger, who has expressed support for a legal retail market. Spanberger’s office says she wants a clear plan that improves public safety, grows the state’s economy and reinvests revenue into public priorities such as schools.

One key decision is the removal of local opt-outs. Earlier versions of retail plans would have allowed cities or counties to hold referendums to block cannabis stores, creating dry zones. The commission’s final proposal does not include that option. Instead, it relies on statewide availability, with local governments retaining control over zoning rules, buffer zones and the fine print of permitting. Krizek and other supporters argue that opt-outs would simply push sales back into illegal channels in those areas.

Tax design is another major piece. The proposal sets a relatively low state tax, described in materials as a single-digit rate, and allows localities to add up to 3.5 percent in local tax. One description of the framework lists the state tax at 8 percent, while another characterizes the regulated rate as 9 percent, with both noting an additional local tax cap of 3.5 percent. The general idea is to keep total tax levels low enough that legal businesses can price products competitively against unlicensed sellers. The bill would also eliminate special taxes on paraphernalia and classify those items under normal sales tax rules.

Perhaps the deepest change, though, is the way licenses would be distributed. Up to half of the initial licenses would be reserved for micro-businesses, which are smaller, often locally owned operations that grow, process or sell cannabis at a modest scale. Larger medical cannabis operators, including existing licensees, would be able to apply but would face strict caps. No entity could hold more than five combined authorizations for retail, cultivation or processing. Even a minority stake in another company would count toward that limit, making it difficult for large firms to quietly build dominant positions through joint ventures or investment stakes.

Another provision creates a direct-to-consumer license, allowing eligible businesses to deliver cannabis to adult customers or medical patients at home, under rules set by the Virginia Cannabis Control Authority. That authority already oversees the state’s medical cannabis program and runs the seed-to-sale tracking system through vendor Metrc. The medical market recorded nearly 30 million dollars in sales across more than 256,000 transactions over a two-month period last summer, suggesting there is a functioning backbone on which to build adult-use oversight.

Labor groups have taken a close interest in the new plan. UFCW Local 400, which represents workers in sectors including cannabis, retail and food processing, has welcomed the emphasis on small businesses and checks on monopolies. The union says it hopes the bill will include labor peace language, pointing to experiences in other states where cannabis workers who tried to organize faced retaliation and intimidation.

Advocates and industry voices frame the bill as the product of years of work, with years of hearings, study and public input that have prepared Virginia for a shift from decriminalization to a regulated market that tests products, labels dosage and enforces age restrictions.

Still, the outcome is not guaranteed. Opponents are expected to raise concerns about youth use, road safety and enforcement challenges. Some critics may argue that the state should not expand access when questions remain about the long-term health effects of regular cannabis use. Supporters counter that the current patchwork of home grow and illicit sales offers less protection than a monitored, tracked, taxed system.

If the bill passes and the November 2026 launch date holds, Virginia would become a Southern test case for adult-use cannabis built around small-business preference, limited corporate consolidation and explicit community reinvestment goals. That would mark a significant shift from the state’s current limbo, where adults can possess and grow cannabis but have no legal retail doorway to walk through.