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“The governor’s decision leaves the commonwealth exactly where we have been since 2021: with an unchecked illicit market hurting our communities, harming our youth, and putting adults at risk," said one critic.
Criminal justice reform and cannabis legalization advocates led condemnation of Democratic Virginia Gov. Abigail Spanberger's Tuesday veto of legislation that would have established a retail market for the sale of recreational-use marijuana, which has been legal in the state for five years.
In 2021, Virginia became the then-16th state to pass an adult-use marijuana legalization law, with sales set to begin in 2024. However, former Republican Gov. Glenn Youngkin repeatedly vetoed the legislation, which would establish the framework for regulating and taxing the plant's recreational use.
Today, while adults can legally consume cannabis recreationally, cannabis sales in Virginia are still restricted to medical use, and patients must travel to one of the five licensed providers in the commonwealth.
In March, Virginia lawmakers passed a package of bills to legalize recreational cannabis sales to people age 21 and older via a regulated market, place oversight of such sales under the Virginia Cannabis Control Authority, increase the public possession limit from one ounce to 2.5 ounces, allow delivery sales, establish new state and local cannabis taxes, and set January 1, 2027 as the launch date for sales.
Spanberger—who had campaigned on a promise to sign legislation establishing recreational cannabis sales—proposed amendments to the bill that were rejected by the General Assembly.
“I support the intent of many of the bills I am vetoing," she explained in a statement. "However, it is my responsibility as governor to make sure all new laws can be successfully implemented and protect against unintended consequences that harm Virginians."
"I look forward to continuing to work with bill patrons, state and local leaders, and advocates on legislation addressing these issues in the future," the governor said.
Marijuana Moment reported that Spangberger sought to delay the start of sales by six months, increase taxes, and institute new criminal penalties for cannabis consumers.
“Once again, Virginia’s efforts to establish a safe, regulated, and equitable adult-use cannabis marketplace has been halted despite years of work, public input, and broad recognition that the status quo is failing Virginians," state Sen. Lashrecse Aird (D-63), who sponsored one of the bills, said in a statement Tuesday.
“The governor’s decision leaves the commonwealth exactly where we have been since 2021: with an unchecked illicit market hurting our communities, harming our youth, and putting adults at risk," she added.
Del. Paul Krizek (D-16), who sponsored the House of Delegates version of the sales bill, said, “Five years ago, Virginia legalized cannabis in recognition that the War on Drugs has caused disproportionate harm to Black families and communities."
“The question now is whether Virginia will continue allowing an unregulated illegal market to thrive, or finally establish a safe, transparent system that protects consumers, keeps products away from children, and keeps our commitment to ending racially discriminatory marijuana policing in Virginia," he added.
JM Pedini, development director for the advocacy group National Organization for the Reform of Marijuana Laws and executive director for Virginia NORML, told Marijuana Moment that Spanberger's veto is “a profound disappointment to the many Virginia voters who believed her when she said on the campaign trail that she supported establishing a regulated adult-use cannabis market.”
“It is also a slap in the face to the years of serious work undertaken by lawmakers, policy experts, advocates, public health stakeholders, and regulators who spent more than half a decade researching, debating, and carefully crafting this legislation,” Pedini added. “Rather than build upon that work, the governor dismissed it in favor of out-of-touch proposals to recriminalize cannabis consumers that lawmakers rightly rejected.”
It was stupid when Youngkin stood in the way of a regulated market for LEGAL recreational adult-use marijuana--not just for the important safety aspects of taking it off the black market, but also for the $ Virginia misses out on every day without. It is just as stupid now.
— VAPLAN (@vaplan.bsky.social) May 19, 2026 at 2:26 PM
Chelsea Higgs Wise, executive director of the Richmond-based nonprofit Marijuana Justice, said in a statement that "for five years, Virginia has been stuck in a limbo where adults can legally possess, share, and grow cannabis, but there is still no regulated way to purchase it."
"By rejecting the retail bill," Wise added, "the governor has chosen to extend that chaos rather than move us toward a transparent, accountable retail system that centers public health, public safety, and justice."
Twenty-four states have legalized recreational marijuana, while 16 states allow medical use of the plant. Last month, the US Department of Justice began reclassifying cannabis from Schedule I—a category that includes dangerous drugs like heroin, LSD, and MDMA to Schedule III, which includes codeine, ketamine, anabolic steroids, and testosterone.
The question is no longer whether the United States should move toward legalization, but why federal law still treats a mainstream industry as a crime.
This fall, the Drug Enforcement Administration is anticipated to decide whether to reclassify cannabis at the federal level. Nearly 90% of Americans support cannabis legalization, 47 states have legalized it for medical use, and over 20 allow for recreational use. The question is no longer whether the United States should move toward legalization, but why federal law still treats a mainstream industry as a crime.
In 2024, Americans spent just as much on cannabis as they did on beer. The US legal cannabis market is worth more than $35 billion and expanding quickly. Yet, under federal law, cannabis is still a Schedule I drug, grouped alongside heroin and considered to have “no medical use.” It’s a Nixon-era relic that has remained unchanged since 1971—by those outdated standards, cocaine and crystal meth are classified as less harmful Schedule II substances. That classification is not only outdated, but it also creates an untenable mismatch between federal policy and economic reality.
Today, cannabis is one of the fastest-growing industries in America, employing nearly 500,000 people—more than the beverage and tobacco manufacturing industries combined—and generating billions in annual tax revenue. Federal legalization would strengthen an already significant engine of economic growth. The cannabis industry added roughly $115 billion to the US economy in 2024 alone and is expected to reach $45 billion in legal sales by 2025. It is one of the few sectors that is both labor-intensive and domestically produced—every gram sold is grown, tested, packaged, and distributed in the US.
All of this growth has happened without access to the basic tools every other sector relies on: banking, capital markets, credit cards, and institutional investment. Because cannabis remains federally illegal, businesses can’t take out conventional bank loans, list on US stock exchanges, or process credit card payments. Dispensaries operate as cash-only businesses, creating daily security risks for employees and customers. Entrepreneurs cannot access Small Business Administration loans or standard insurance. Even employees, founders and executives in the cannabis industry often struggle to qualify for personal mortgage loans due to the industry they work in.
Rescheduling would not be radical. It would be a recognition of the obvious: Cannabis is already part of American life and the American economy.
The result is a thriving yet hobbled industry, competing on an uneven playing field. Legal operators are forced to navigate a different set of regulations, packaging requirements, and facilities for every state where they conduct business, while the illicit market still accounts for an estimated $50 billion in unregulated sales each year and has no problem selling cannabis to the American youth. The DEA’s forthcoming decision offers an opportunity to modernize this system before it calcifies further.
The cultural and economic shifts are here to stay. Cannabis is mainstream. It’s integral to how Americans relax, socialize, and take care of themselves. It’s in our music, our fashion, our film, and our homes. What’s missing is a legal, regulatory, and financial framework at the federal level that reflects reality.
The public health case is equally clear. Consistent national standards would strengthen consumer safety and transparency, closing the gap between legal and illicit markets. Rescheduling would also remove barriers to research and innovation. The current classification makes it nearly impossible for US scientists to study cannabis at scale, leaving critical medical discoveries to foreign and underfunded research programs.
In a country where millions of adults use cannabis for anxiety, pain, and sleep, and where opioid dependency remains a public health crisis, the restriction is not just outdated, but negligent.
A recent study published by the American Journal of Health Economics found that states with legal cannabis programs reduced opioid prescriptions by up to 22%. The American Medical Association also found that cannabis helps cancer patients reduce opioid use throughout their treatments.
Legalization would also improve public safety. With access to banking, dispensaries could move away from cash-heavy operations that make them frequent targets for robbery. National standards for labeling, potency, and contaminants would protect consumers and build trust. And as we’ve already seen in legal states, underage use declines when cannabis is regulated.
Rescheduling would not be radical. It would be a recognition of the obvious: Cannabis is already part of American life and the American economy. In 2023, the Department of Health and Human Services formally recommended to the DEA that cannabis be rescheduled—a historic acknowledgment that federal law is out of step with science, public opinion, and economic reality. Even the Supreme Court has noted the “contradictory and unstable” relationship between federal and state cannabis laws.
This is one of the few policy issues with broad bipartisan support. Former President Joe Biden campaigned on rescheduling cannabis in 2020. So did President Donald Trump in 2024. With the DEA’s decision imminent, the window for meaningful modernization has never been clearer.
The cultural reality is undeniable. The economic opportunity is massive. The public mandate is clear. The question is no longer whether cannabis belongs in American life—it already does. The question is when federal law will finally catch up.
It’s time for Washington to finish what the majority of states have already started: Bring cannabis policy into alignment with science, economics, and public consensus.
The time for incremental change is over. The cannabis industry is booming, generating billions in revenue and creating jobs. Yet, thousands remain imprisoned for actions that are now considered perfectly legal.
Across the country, cannabis users today will celebrate 4/20, a day synonymous with the plant's consumption and a symbol of its growing acceptance.
But for thousands of people still incarcerated for cannabis-related offenses, 4/20 is not a day of celebration; it’s a reminder of an unjust system that has yet to make amends.
The legal landscape around cannabis has evolved dramatically. Forty-one states now have some form of legal cannabis. Cannabis companies are going public on Wall Street, dispensaries are opening in high-end shopping districts, and tax revenues from legal sales are funding schools and infrastructure.
Nevertheless, tens of thousands of people remain imprisoned for the very substance that is now a billion-dollar industry. Millions of individuals are also still coping with the life-long burden of having a cannabis conviction on their record.
This is a moral and economic outrage that demands an immediate solution.
President Donal Trump and his administration have a chance to go further than President Joe Biden ever did on cannabis by pardoning every individual imprisoned for cannabis at the federal level.
That’s not as unlikely as some might think.
On the campaign trail, Trump said he was starting to “agree a lot more” that individuals should not be criminalized for cannabis when it’s being legalized across the country. He even posted, “I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use.”
In his first term, President Trump commuted the sentences of 16 people and pardoned 6 individuals for cannabis offenses. He also championed the bipartisan sentencing reform bill, the First Step Act, which was designed to promote rehabilitation, lower recidivism, and reduce excessive sentences for certain federal drug offenses.
He’s not alone in his administration. J.D. Vance told Joe Rogan that his overall philosophy on marijuana and psychedelics is to “live and let live,” and reaffirmed that he feels people should not be criminalized over cannabis. Elon Musk, the de facto head of DOGE, famously smoked a blunt on Rogan’s podcast.
Clemency isn’t the only place where President Trump can go further than his predecessor. He could also significantly boost America's budding cannabis industry by rescheduling cannabis. This would both reduce tax burdens and help the United States tap into an industry projected to reach over $100 billion by 2030, while also easing the burden on law enforcement and the judicial system.
Rescheduling is also an opportunity for Trump to deliver for Black and Brown communities, who suffer the most from outdated cannabis policies and supported the president in record numbers in 2024. On average, Black individuals are more than three times more likely than white Americans to be arrested for cannabis despite similar consumption rates. President Trump can help right an injustice that has gone on far too long.
Both granting clemency for people convicted of cannabis-related crimes and rescheduling cannabis would be immensely popular decisions for President Trump. A YouGov poll found that 70 percent of Americans support clearing criminal records for past non-violent marijuana-related convictions. According to an American Civil Liberties Union poll, 84% of registered voters support the release of people serving time for crimes that are no longer considered illegal.
Only one in 10 Americans believe marijuana should not be legal at all, according to the Pew Research Center.
The time for incremental change is over. The cannabis industry is booming, generating billions in revenue and creating jobs. Yet, thousands remain imprisoned for actions that are now considered perfectly legal.
This is a moral and economic outrage that demands an immediate solution. President Trump has a penchant for bold action and the power to turn 4/20 into a day for real celebration through cannabis clemency and rescheduling.
He should seize this moment and right the wrongs that every president this century has kicked down the road.