A retail cannabis market is nearly a done deal in Virginia, but when sales will start is still up in the air

Originally published in WHRO | By Yiqing Wang

Cannabis possession has been legal for years in Virginia, but the state still lacks a regulated retail system.

Virginia is inching closer to allowing legal adult-use cannabis sales, but lawmakers are still divided over how soon the state can open a retail market.

A House committee has advanced legislation that could begin sales as soon as late 2026. Other proposals would delay the rollout into 2027, as lawmakers weigh how quickly Virginia can build a regulated marketplace they say would effectively protect customer health.

Supporters of regulated sales said the current system leaves many Virginians relying on untested products from an illicit or unregulated marketplace, where contamination and inaccurate labeling can pose serious health risks.

Michelle Peace, a forensic science professor at Virginia Commonwealth University who’s experienced in cannabis testing, said products sold outside licensed channels may contain mold, pesticides or heavy metals.

Some may also contain far more THC than labels claim, which can send users to the emergency room and, in rare cases, has been linked to serious reactions such as seizures or psychotic episodes.

“So the challenge in our emergency departments is that we're not able to identify what that adverse event is due to, like, what they took,” Peace said.

In her experience, products from the unregulated market are often wildly inconsistent with what consumers think they are buying.

Peace’s lab has tested items that contained 20 to 100 times more THC than what was listed on the label, while others had far less than advertised.

Peace said setting up a regulated market requires time and infrastructure, including lab capacity, clear labeling standards and enforcement mechanisms. A later start date, she said, could give regulators and businesses more time to build those safeguards.

That view is shared by some small cannabis and hemp operators, who have urged lawmakers not to rush implementation.

Barbara Biddle, the president of the national Cannabis Small Business Association, has called for delaying retail sales until May 2027.

She said retailers need time to prepare for licensing, security requirements and compliance costs, and she warned that a rushed launch could favor large, vertically integrated operators at the expense of smaller businesses.

“We want to make sure that we push the start date to a practical date to fully assess the legislation, analyze it and make any recommendations prior to the market actually opening up,” Biddle said.

Biddle said retailers cannot survive if they are forced to sign leases, pay rent and meet costly compliance requirements before there is enough product in the supply chain.

But some legalization advocates argue that every delay carries its own public health consequences.

JM Pedini, development director of the National Organization for the Reform of Marijuana Laws, said Virginia has already waited years since recreational possession became legal in 2021.

The discussion has been shaped by shifts in political control and past vetoes of earlier proposals.

Pedini said regulated sales would move cannabis behind age-verified counters, with required testing and clearer labeling.

“When people do not have access to legal, safe, regulated products, they will instead continue to engage with the illicit, unregulated marketplace, which in no way provides for public or consumer safety — some of the primary goals of legalization,” Pedini said, warning that illicit sales are “exploding.”

Jamie Patten, the chief administrative officer of Virginia Cannabis Control Authority, said that as recreational use has become more mainstream since 2021, more illicit operators have emerged. She said the agency has focused on educating the public about the risks of the unregulated market while continuing to run the state’s medical cannabis program.

Patten said she cannot comment on pending legislation, but noted the agency is preparing to implement whatever timeline lawmakers approve.

She said the proposed start dates are “ambitious,” and the authority has already begun drafting regulations and planning for staffing, procurement and enforcement needs.