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Bill > SB1243
VA SB1243
VA SB1243Marijuana; legalization of cultivation, manufacture, sale, possession, and testing, penalties.
summary
Introduced
01/11/2021
01/11/2021
In Committee
01/11/2021
01/11/2021
Crossed Over
Passed
Dead
02/08/2021
02/08/2021
Introduced Session
2021 Regular Session
Bill Summary
Marijuana; legalization of cultivation, manufacture, sale, Marijuana; legalization of cultivation, manufacture, sale, possession, and testing; penalties. Establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, and retail marijuana stores by the Board of Agriculture and Consumer Services. The bill also grants localities the authority to enact ordinances establishing additional licensing requirements for marijuana establishments located within such locality and allows the home cultivation of marijuana for personal use under certain circumstances. The bill imposes a tax on retail marijuana and retail marijuana products sold by a retail marijuana store at a rate of 9.7 percent (for a total sales tax of 15 percent) and provides that 67 percent of the revenues collected from the tax be deposited into the general fund and 33 percent of the revenues be deposited into a "Retail Marijuana Education Support Fund" to be used solely for purposes of public education. The bill establishes several new criminal penalties related to marijuana as well as modifies some existing criminal penalties. The bill requires the automatic expungement of records relating to the arrest, charge, conviction, adjudication or civil offense of a person for a misdemeanor violation of distribution or possession with intent to distribute marijuana and for a violation of possession of marijuana by July 1, 2022, or if, on July 1, 2022, the person who is the subject of the arrest, charge, conviction, adjudication, or civil offense has not completed all terms of sentencing and probation, including satisfaction of all court costs and fines and all orders of restitution, by three months after the date of completion of all terms of sentencing and probation. Finally, the bill permits any person who is convicted or adjudicated delinquent of a felony violation of distribution or possession with intent to distribute marijuana or charged with such violation which charge is deferred and dismissed, to petition for expungement of such charge, conviction, or adjudication under certain circumstances.
AI Summary
This bill legalizes the cultivation, manufacture, sale, possession, and testing of marijuana in Virginia. The key provisions are:
1. Establishes a regulatory scheme for the regulation of marijuana cultivation facilities, manufacturing facilities, testing facilities, and retail marijuana stores by the Board of Agriculture and Consumer Services.
2. Grants localities the authority to enact ordinances establishing additional licensing requirements for marijuana establishments located within such locality and allows the home cultivation of marijuana for personal use under certain circumstances.
3. Imposes a 9.7% tax on retail marijuana and retail marijuana products sold by a retail marijuana store, with 67% of the revenues deposited into the general fund and 33% deposited into a "Retail Marijuana Education Support Fund" to be used for public education.
4. Establishes new criminal penalties related to marijuana as well as modifies some existing criminal penalties.
5. Requires the automatic expungement of records relating to the arrest, charge, conviction, adjudication or civil offense of a person for a misdemeanor violation of distribution or possession with intent to distribute marijuana and for a violation of possession of marijuana by July 1, 2022, or within 3 months of completion of sentencing and probation.
6. Permits persons convicted of a felony violation of distribution or possession with intent to distribute marijuana to petition for expungement of such charge, conviction, or adjudication under certain circumstances.
Committee Categories
Health and Social Services, Justice
Sponsors (1)
Last Action
Incorporated by Rehabilitation and Social Services (on 01/22/2021)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1243 |
| BillText | https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1243+hil |
| Bill | https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1243+hil+pdf |
| Fiscal Note/Analysis - Senate: Prefiled and ordered printed; off | https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1243F160+PDF |
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