Regulatory Update: Virginia To Legalize Marijuana, Michigan Expands Recreational Market, CA Testing Lab Sues State, Washington Allows Marijuana Sales

Virginia To Become 16th U.S. State To Legalize Marijuana

Virginia policymakers have reached a deal to legalize recreational marijuana.

According to Marijuana Business Daily, lawmakers approved a bill to legalize the commercial marijuana program on Saturday, in a 47 to 44 vote in the House and 20 to 19 in the Senate.

The legislation allows people over the age of 21 to use cannabis, starting Jan. 1, 2024. 

The bill also legalizes possession of up to an ounce of cannabis.

However, the proposal also requires the General Assembly to reenact several provisions of the bill in 2022.

“Virginia legislators are proving that it is possible to work swiftly to pass legislation that would not only legalize cannabis but also address the disproportionate harm caused by decades of prohibition,” Marijuana Policy Project’s executive director, Steve Hawkins, noted.

Jushi Holdings Inc. JUSHF Chief Executive Officer Jim Cacioppo also praised the decision.

"The adult-use cannabis legislation passed by the Virginia General Assembly is a critically important first step on the path toward legalization," he said.

The bills begin to accomplish "fundamental justice and equity priorities" as well as promote public health, Cacioppo explained.

"Jushi appreciates the General Assembly’s commitment to address these complex issues, especially the passion shown by Senators Adam Ebbin and Louise Lucas and Delegate Charniele Herring in answering Governor Ralph Northam’s call for legalization," he added. "Jushi looks forward to engaging with the Virginia General Assembly, the Governor’s Office and other stakeholders between now and reenactment to ensure Virginia’s legalized cannabis program is just, equitable and supports the public health priorities outlined by the General Assembly."

Michigan Lowers Criteria For Entry Into Marijuana Market

Michigan’s Marijuana Regulatory Agency disclosed Friday that the state’s recreational cannabis market is opening to a new competition as of March 1.

The licensing eligibility change will ease the entry into the adult-use marijuana market in the Great Lake State, Marijuana Business Daily writes.

MRA executive director Andrew Brisbo confirmed the requirement to have an active medical MJ permit to apply for five classes of adult-use marijuana licenses, including Marijuana retailer, Marijuana processor, Class B marijuana grower, Class C marijuana grower, and Marijuana secure transporter will be removed.

“Beginning Monday, business entry into the adult-use marijuana market will be more accessible for all Michiganders,” Brisbo said.

Harrens Lab Sues California Regulators Over Revoked License

Hayward-based Harrens Lab has sued the Bureau of Cannabis Control, revealing its due process was violated due to the appeals process' absence.

Pursuant to the filed last week in Alameda County Superior Court, the California regulators revoked the testing lab's license on Feb. 4, accusing it of multiple counts, including:

• Failing to take solid representative testing cannabis samples
• Breaking state rules by utilizing a third-party courier for shipping of cannabis sample
• Being unable to produce shipping manifests prior to transporting marijuana goods
• Shipping marijuana samples and goods without state-mandated Metrc labels
• Modifying the lab premises without the regulatory approval
• Absence of a required video surveillance system

BBC justifies the absence of an appeals process, with Harrens operating under a provisional business license instead of an annual, Harrens said.

However, the lab's attorney James Anthony revealed in an email to Marijuana Business Daily that a majority of California-based businesses operate under provisional licenses.

"Almost the entire multi-billion dollar industry is running on provisionals – 7,093 provisionals to 1,661 annuals" – as of Oct. 15 last year, "Anthony wrote.

Washington, D.C. To Allow Marijuana Sales

Washingtonians are pawing their way toward establishing the commercial cannabis industry in D.C, as Mayor Muriel Bowser introduced a new bill on Friday.

Safe Cannabis Sales Act resembles the proposal introduced earlier and is poised to create a regulated marijuana market in the District, Marijuana Moment reports.

The bill addresses new licensing provisions as well as financing strategies related to social equity initiatives. In addition, it will provide relief for past marijuana arrests and convictions.

Under the new legislation, which will take effect Oct. 1, 2022, adults 21 and older would be allowed to buy marijuana from licensed dispensaries.

“Through this legislation, we can fulfill the will of D.C. voters, reduce barriers for entering the cannabis industry, and invest in programs that serve residents and neighborhoods hardest hit by the criminalization of marijuana,” Bowser commented.

The move comes on the heels of Democrats gaining control of both chambers of Congress, almost seven years after D.C. voters passed an initiative to legalize possession and home cultivation of marijuana.

On Nov. 4, Washington D.C. decriminalized non-commercial possession, distribution, and purchase, as well as cultivation of psychedelic and hallucinogenic plants and fungi.