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HB2312

Marijuana; legalization of simple possession, etc.

Status:
Passed

Chief Patron:
Charniele Herring (D)

Session:
2021 Regular Session

Summary

As introduced. 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: (Less)
  • Bill History

  • 01/20/2021 - House: Presented and ordered printed 21101659D
  • 01/20/2021 - House: Referred to Committee on General Laws
  • 01/21/2021 - House: Impact statement from VCSC (HB2312)
  • 01/25/2021 - House: Assigned GL sub: ABC/Gaming
  • 01/29/2021 - House: House subcommittee amendments and substitutes offered
  • 01/30/2021 - House: Subcommittee recommends reporting with substitute (6-Y 1-N)
  • 01/30/2021 - House: Subcommittee recommends referring to Committee for Courts of Justice
  • 01/30/2021 - House: House committee, floor amendments and substitutes offered
  • 01/30/2021 - House: Reported from General Laws with substitute (14-Y 6-N)
  • 01/30/2021 - House: Committee substitute printed 21104236D-H1
  • 01/30/2021 - House: Referred to Committee for Courts of Justice
  • 01/30/2021 - House: Incorporates HB 1815 (Heretick)
  • 01/31/2021 - House: House committee, floor amendments and substitutes offered
  • 01/31/2021 - House: Reported from Courts of Justice with substitute (13-Y 8-N)
  • 01/31/2021 - House: Committee substitute printed 21104248D-H2
  • 01/31/2021 - House: Referred to Committee on Appropriations
  • 02/02/2021 - House: Impact statement from VCSC (HB2312H2)
  • 02/03/2021 - House: Impact statement from VCSC (HB2312H1)
  • 02/03/2021 - House: Reported from Appropriations (14-Y 7-N)
  • 02/03/2021 - House: Impact statement from DPB (HB2312H2)
  • 02/03/2021 - House: Read first time
  • 02/04/2021 - House: Read second time
  • 02/04/2021 - House: Committee on General Laws substitute rejected 21104236D-H1
  • 02/04/2021 - House: Committee Courts of Justice substitute agreed to 21104248D-H2
  • 02/04/2021 - House: Engrossed by House - committee substitute HB2312H2
  • 02/05/2021 - House: Pending question ordered
  • 02/05/2021 - House: Read third time and passed House (55-Y 42-N 2-A)
  • 02/05/2021 - House: VOTE: Passage (55-Y 42-N 2-A)   Close Floor Vote
  • 02/05/2021 - Senate: Constitutional reading dispensed
  • 02/05/2021 - Senate: Referred to Committee on Rehabilitation and Social Services
  • 02/05/2021 - Senate: Continued to 2021 Sp. Sess. 1 in Rehabilitation and Social Services (14-Y 0-N)
  • 02/12/2021 - Senate: Senate committee, floor amendments and substitutes offered
  • 02/12/2021 - Senate: Reported from Rehabilitation and Social Services with substitute (8-Y 6-N)
  • 02/12/2021 - Senate: Rereferred to Finance and Appropriations
  • 02/12/2021 - Senate: Committee substitute printed 21200016D-S1
  • 02/12/2021 - Senate: Reported from Finance and Appropriations (13-Y 3-N)
  • 02/15/2021 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/16/2021 - Senate: Read third time
  • 02/16/2021 - Senate: Reading of substitute waived
  • 02/16/2021 - Senate: Committee substitute agreed to 21200016D-S1
  • 02/16/2021 - Senate: Engrossed by Senate - committee substitute HB2312S1
  • 02/16/2021 - Senate: Passed Senate with substitute (23-Y 16-N)   Close Floor Vote
  • 02/18/2021 - House: Placed on Calendar
  • 02/18/2021 - House: Senate substitute rejected by House 21200016D-S1 (0-Y 99-N 1-A)
  • 02/18/2021 - House: VOTE: REJECTED (0-Y 99-N 1-A)
  • 02/19/2021 - Senate: Senate insisted on substitute (38-Y 0-N)
  • 02/19/2021 - Senate: Senate requested conference committee
  • 02/19/2021 - House: House acceded to request
  • 02/19/2021 - House: Conferees appointed by House
  • 02/19/2021 - House: Delegates: Herring, Mullin, Torian, Bagby, Knight
  • 02/19/2021 - Senate: Conferees appointed by Senate
  • 02/19/2021 - Senate: Senators: Ebbin, Lucas, McPike, Surovell, Dunnavant
  • 02/27/2021 - Conference: Amended by conference committee
  • 02/27/2021 - House: Conference substitute printed 21200441D-H3
  • 02/27/2021 - Senate: Passed by temporarily
  • 02/27/2021 - House: Pending question ordered
  • 02/27/2021 - House: Conference report agreed to by House (48-Y 43-N 2-A)
  • 02/27/2021 - House: VOTE: Agreed To (48-Y 43-N 2-A)   Close Floor Vote
  • 02/27/2021 - Senate: Conference report agreed to by Senate (20-Y 19-N)   Close Floor Vote
  • 03/02/2021 - House: Impact statement from VCSC (HB2312H3)
  • 03/09/2021 - House: Enrolled
  • 03/09/2021 - Senate: Signed by President
  • 03/09/2021 - House: Bill text as passed House and Senate (HB2312ER)
  • 03/11/2021 - House: Signed by Speaker
  • 03/15/2021 - House: Enrolled Bill communicated to Governor on March 15, 2021
  • 03/15/2021 - Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
  • 03/19/2021 - House: Impact statement from DPB (HB2312ER)
  • 03/31/2021 - House: Governor's substitute printed 21200898D-H4
  • 03/31/2021 - House: Governor's recommendation received by House
  • 04/02/2021 - House: Impact statement from VCSC (HB2312H4)
  • 04/07/2021 - House: Placed on Calendar
  • 04/07/2021 - House: Pending question ordered
  • 04/07/2021 - House: House concurred in Governor's recommendation (53-Y 44-N 2-A)
  • 04/07/2021 - House: VOTE: Adoption (53-Y 44-N 2-A)   Close Floor Vote
  • 04/07/2021 - Senate: Senate concurred in Governor's recommendation (20-Y 20-N)   Close Floor Vote
  • 04/07/2021 - Senate: Chair votes Yea
  • 04/07/2021 - Governor: Governor's recommendation adopted
  • 04/07/2021 - House: Reenrolled
  • 04/07/2021 - House: Reenrolled bill text (HB2312ER2)
  • 04/07/2021 - House: Signed by Speaker as reenrolled
  • 04/07/2021 - Senate: Signed by President as reenrolled
  • 04/07/2021 - House: Enacted, Chapter 551 (effective - see bill)
  • 04/07/2021 - Governor: Acts of Assembly Chapter text (CHAP0551)