Virginia punts on commercial pot sales but limits Delta 8

When last we addressed marijuana, it appeared Republicans and Democrats in the Virginia General Assembly might come together in a kumbaya moment and agree on a mechanism to regulate commercial pot sales. But divided government has sunk the chances for a regulated market to sell marijuana in the Old Dominion, at least for this year.

Legal limbo for pot sales

Time ran out. The Republican-controlled House of Delegates failed to pass its own version of legislation for legal sales of marijuana and decided to table the Democratically controlled Senate version that sought to distribute licenses to sell pot based on equitable considerations. Proponents of passing a bill had argued that not acting would allow a black market to form, but opponents argued the issue was too complicated to rush. Ultimately, no action occurred.

The upshot is that while marijuana remains legal in the Old Dominion, the mechanisms for actually selling pot legally are in limbo. Important questions such as what tax rate will apply, what tax revenues will be used for, and who will be prioritized in getting dispensary licenses have all been left for next year’s General Assembly session.

New limits for Delta-8 products

The house and senate, however, did come together overwhelmingly on one related matter: restricting the sale of products containing the chemical Delta-8 by redefining it as marijuana. Delta-8 is naturally found in hemp and a variety of related products (as well as being synthetically made), and its use had been legal in Virginia and sold in CBD stores.