Smoking Out Virginia’s Pot Law

If you are unclear about Virginia’s marijuana laws, rest assured you are not alone these days. Even police officers seem confused (if not necessarily dazed).

“As of July 1, 2026, there are no Code of Virginia violations related to marijuana,” a state police lieutenant wrote in what the Virginia Scope (which obtained the communication) described as an “internal email.” That presumably means it was intended to provide guidance for the troopers who report to this lieutenant that they shouldn’t make any arrests based on pot laws.

His boss later weighed in with an attempt to clear things up. “VSP acknowledges that there have been rumors and questions pertaining to the agency’s posture on cannabis enforcement,” Superintendent Jeffrey Katz said in an Instagram post. “I would like to make it clear that the Virginia State Police will continue to enforce existing laws, in line with the Code of Virginia.”

But that seems a bit hazy as well; yes, troopers will “enforce existing laws,” but the question he doesn’t answer is: What is the law as it relates to cannabis?

It’s been legal for several years to possess an ounce or less of cannabis in Virginia. However, it has remained illegal to sell the drug, a law that has been openly flouted in many jurisdictions. Journalist Dwayne Yancey wrote for Cardinal News that in 2024, some localities in Southwest Virginia had more cannabis stores than ABC stores, and these were openly operating despite the risk of occasional raids.

During this year’s legislative session, Virginia’s governing Democrats passed a law to create a retail marijuana marketplace, which would have come into operation on Jan. 1. Gov. Abigail Spanberger didn’t care for some provisions in that bill. For example, she wanted to wait until July 2027 to launch the marketplace. So, she rewrote it and sent an edited version back to lawmakers, who then refused to accept her changes.

In May, Spanberger vetoed the bill, just as former Gov. Glenn Youngkin had done twice during his tenure.

It seemed the commonwealth would move forward with the status quo. But wait: In the waning days of June, everybody who matters in Richmond agreed to a grand bargain: Lawmakers would include language that provided for a cannabis market in the state’s two-year budget, which was due by July 1 but had been in limbo for months. Spanberger signed it, and presto: problem solved!

Except that some wonder whether the state accidentally erased its existing pot policies. “Democrats may have legalized marijuana via the budget, creating a one-year gap before new laws take effect,” Republican Del. Wren Williams wrote. “Virginia State Police have been ordered to stand down on marijuana enforcement, indicating a directive from the executive branch.”

Some legal experts agree. “Governor Spanberger and legislative Democrats were so determined to deliver a marijuana retail market that they didn’t take the time to make sure basic child-protection statutes stayed on the books in the meantime,” former Attorney General Jason Miyares wrote. He called for an immediate special session of the General Assembly to provide clarity.

“It has at a minimum invited the argument that the old laws were repealed as of July 1, 2026,” the commonwealth’s attorney for Williamsburg-James City told the Virginian-Pilot. “They created a word problem, and word problems go against prosecutors,” Nate Green added.

To be fair, the Virginia Division of Legislative Services says that the 2026 statutes remain in effect until next July 1, and some other legal eagles agree. “The General Assembly didn’t repeal anything that they didn’t mean to repeal,” Norfolk Commonwealth’s Attorney Ramin Fatehi told 13NewsNow.

However, even he acknowledged “it is a complicated bill, one that I understand where some people might get turned around on.” That includes defense attorneys, who might turn the language around and use it against prosecutors, as Nate Green warned.

The confusion stems from the process. State lawmakers waited until the last minute to enact a budget, so they’ve been able to bypass the usual legislative system and simply slide in language that never received a vetting during this year’s session.

To paraphrase former House Speaker Nancy Pelosi, state policymakers, including lawmakers and the governor, had to pass the budget (to prevent the state government from shutting down for the first time in modern history). Now we all (including state police officers, commonwealth’s attorneys, and drug dealers) are finding out what’s in it.

Smoke ’em if you’ve got ’em, because there may be more budget-related revelations to come.