HB 2312

  • Virginia House Bill
  • 2021 Regular Session
  • Introduced in House Jan 20, 2021
  • Passed House Feb 05, 2021
  • Passed Senate Feb 16, 2021
  • Became Law Apr 07, 2021

Marijuana; legalization of simple possession, etc.

Abstract

Marijuana; legalization; retail sales; penalties. Eliminates criminal penalties for simple possession of marijuana, modifies several other criminal penalties related to marijuana, and provides for an automatic expungement process for those convicted of certain marijuana-related crimes to have such crimes automatically expunged by July 1, 2026. The bill creates the Virginia Cannabis Control Authority (the Authority) and establishes a regulatory structure for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products, to be administered by the Authority. The bill contains social equity provisions that, among other things, provide support and resources to persons and communities that have been historically and disproportionately affected by drug enforcement. The bill has staggered effective dates and allows retail marijuana sales to begin on January 1, 2024. This bill incorporates HB 1815. See H. B. 2312 General Laws Substitute PDF text:https://lis.virginia.gov/000/housecannabisbillsub.pdf See H. B. 2312 Courts of Justice Substitute PDF text:https://lis.virginia.gov/000/housecannabisbillsub2.pdf

Marijuana; legalization of simple possession; penalties. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also modifies several other criminal penalties related to marijuana and provides for an automatic expungement process for those convicted of certain marijuana-related crimes. The bill establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, marijuana wholesalers, and retail marijuana stores by the Virginia Alcoholic Beverage Control Authority, renamed as the Virginia Alcoholic Beverage and Cannabis Control Authority. The bill imposes a tax on retail marijuana, retail marijuana products, and marijuana paraphernalia sold by a retail marijuana store, as well as non-retail marijuana and non-retail marijuana products at a rate of 21 percent and provides that localities may by ordinance levy a three percent tax on any such marijuana or marijuana products. The bill provides that net profits attributable to regulatory activities of the Authority's Board of Directors pursuant to this bill shall be appropriated as follows: (i) 40 percent to pre-kindergarten programs for at-risk three and four year olds, (ii) 30 percent to the Cannabis Equity Reinvestment Fund, established in the bill, (iii) 25 percent to substance use disorder prevention and treatment programs, and (iv) five percent to public health programs. The bill creates the Cannabis Control Advisory Board, the Cannabis Equity Reinvestment Board, and the Cannabis Public Health Advisory Council. The bill has a delayed effective date of January 1, 2023, with provisions for the Authority's Board of Directors to promulgate regulations for the implementation of the bill and for implementation of the automatic expungement process to begin in due course. In addition, the bill establishes three work groups to begin their efforts in due course: one focused on public health and safety issues, one focused on providing resources for teachers in elementary and secondary schools, and one focused on college-aged individuals. See H. B. 2312 General Laws Substitute PDF text:https://lis.virginia.gov/000/housecannabisbillsub.pdf See H. B. 2312 Courts of Justice Substitute PDF text:https://lis.virginia.gov/000/housecannabisbillsub2.pdf

Bill Sponsors (25)

Votes


Actions


Apr 07, 2021

House

Placed on Calendar

Senate

Signed by President as reenrolled

House

Enacted, Chapter 551 (effective - see bill)

House

Signed by Speaker as reenrolled

House

Reenrolled bill text (HB2312ER2)

House

Reenrolled

Office of the Governor

Governor's recommendation adopted

Senate

Chair votes Yea

Senate

Senate concurred in Governor's recommendation (20-Y 20-N)

House

VOTE: Adoption (53-Y 44-N 2-A)

House

House concurred in Governor's recommendation (53-Y 44-N 2-A)

House

Pending question ordered

Apr 02, 2021

House

Impact statement from VCSC (HB2312H4)

Mar 31, 2021

House

Governor's substitute printed 21200898D-H4

House

Governor's recommendation received by House

Mar 19, 2021

House

Impact statement from DPB (HB2312ER)

Mar 15, 2021

House

Enrolled Bill communicated to Governor on March 15, 2021

Office of the Governor

Governor's Action Deadline 11:59 p.m., March 31, 2021

Mar 11, 2021

House

Signed by Speaker

Mar 09, 2021

House

Enrolled

Senate

Signed by President

Mar 02, 2021

House

Impact statement from VCSC (HB2312H3)

Feb 27, 2021

House

Pending question ordered

Senate

Passed by temporarily

Virginia General Assembly

Amended by conference committee

House

Conference substitute printed 21200441D-H3

Senate

Conference report agreed to by Senate (20-Y 19-N)

House

VOTE: Agreed To (48-Y 43-N 2-A)

House

Conference report agreed to by House (48-Y 43-N 2-A)

Feb 19, 2021

Senate

Senate requested conference committee

Senate

Conferees appointed by Senate

House

Conferees appointed by House

House

House acceded to request

Senate

Senate insisted on substitute (38-Y 0-N)

Feb 18, 2021

House

Senate substitute rejected by House 21200016D-S1 (0-Y 99-N 1-A)

House

VOTE: REJECTED (0-Y 99-N 1-A)

House

Placed on Calendar

Feb 16, 2021

Senate

Committee substitute agreed to 21200016D-S1

Senate

Read third time

Senate

Reading of substitute waived

Senate

Engrossed by Senate - committee substitute HB2312S1

Senate

Passed Senate with substitute (23-Y 16-N)

Feb 15, 2021

Senate

Constitutional reading dispensed (39-Y 0-N)

Feb 12, 2021

Senate

Senate committee, floor amendments and substitutes offered

Senate

Reported from Finance and Appropriations (13-Y 3-N)

Senate

Committee substitute printed 21200016D-S1

Senate

Rereferred to Finance and Appropriations

Senate

Reported from Rehabilitation and Social Services with substitute (8-Y 6-N)

Feb 05, 2021

House

Read third time and passed House (55-Y 42-N 2-A)

Senate

Continued to 2021 Sp. Sess. 1 in Rehabilitation and Social Services (14-Y 0-N)

Senate

Referred to Committee on Rehabilitation and Social Services

Senate

Constitutional reading dispensed

House

VOTE: Passage (55-Y 42-N 2-A)

House

Pending question ordered

Feb 04, 2021

House

Committee on General Laws substitute rejected 21104236D-H1

House

Engrossed by House - committee substitute HB2312H2

House

Committee Courts of Justice substitute agreed to 21104248D-H2

House

Read second time

Feb 03, 2021

House

Impact statement from VCSC (HB2312H1)

House

Read first time

House

Impact statement from DPB (HB2312H2)

House

Reported from Appropriations (14-Y 7-N)

Feb 02, 2021

House

Impact statement from VCSC (HB2312H2)

Jan 31, 2021

House

Reported from Courts of Justice with substitute (13-Y 8-N)

House

Referred to Committee on Appropriations

House

Committee substitute printed 21104248D-H2

House

House committee, floor amendments and substitutes offered

Jan 30, 2021

House

Subcommittee recommends reporting with substitute (6-Y 1-N)

House

Incorporates HB 1815 (Heretick)

House

Referred to Committee for Courts of Justice

House

Committee substitute printed 21104236D-H1

House

Reported from General Laws with substitute (14-Y 6-N)

House

House committee, floor amendments and substitutes offered

House

Subcommittee recommends referring to Committee for Courts of Justice

Jan 29, 2021

House

House subcommittee amendments and substitutes offered

Jan 25, 2021

House

Assigned GL sub: ABC/Gaming

Jan 21, 2021

House

Impact statement from VCSC (HB2312)

Jan 20, 2021

House

Referred to Committee on General Laws

House

Presented and ordered printed 21101659D

Bill Text

Bill Text Versions Format
Committee substitute printed 21200016D-S1 HTML
Conference substitute printed 21200441D-H3 HTML
HB2312ER HTML
Governor's substitute printed 21200898D-H4 HTML
HB2312ER2 HTML
CHAP0551 HTML

Related Documents

Document Format
Fiscal Impact Statement: HB2312FH2122.PDF PDF
Fiscal Impact Statement: HB2312FH1160.PDF PDF
Fiscal Impact Statement: HB2312FH2160.PDF PDF
Fiscal Impact Statement: HB2312F160.PDF PDF
Amendment: HB2312AG HTML
Amendment: HB2312AC HTML

Sources

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