Virginia residents convicted of marijuana crimes could benefit under legalization effort

A new report suggests Virginia could release inmates convicted of marijuana drug crimes and then give them preferential treatment should they want to get into a state-regulated marijuana business.

Gov. Ralph Northam released a 90-page report on the effects of completely legalizing marijuana in the state, something he says he aims to do when the General Assembly reconvenes on January 13, 2021.

Efforts to legalize the drug in Virginia have been underway since 2010. If the Old Dominion becomes the next state to legalize the drug, it could adopt a policy similar to the one adopted by Illinois earlier this year, called “R3” (Restore, Reinvest, Renew) that would give preferential treatment to those who “have faced the negative consequences of criminalization” of the drug, the report states.

A new equity business licensing program would prioritize granting business licenses to those with marijuana convictions and residents who live in neighborhoods where multiple cannabis arrests have been made.

A total of 75 of the first marijuana business licenses issued by the state for marijuana cultivation, processing, and transportation businesses, or those who want to open a new retail shop, could go to the”social equity” qualifying candidates.

In addition to being first in line for permitting, those candidates may not need to provide the state with proof of their business’s physical address. The state’s average $10,000 medical license application fees normally charged for medical marijuana businesses could be slashed by 75%, or entirely, the report states.

As marijuana is still illegal on the federal level, the report suggests Virginia work with banks to secure financing for budding entrepreneurs — something large financial institutions have shied away from even though more states have legalized the drug since 2012.

As part of the state’s efforts for criminal justice reform, the report suggests those serving a sentence for a marijuana conviction should be released from jail and their court records expunged following the legalization of the drug.

The Democratic majority in the state legislature voted this year to legalize small amounts of the drug while limiting the penalty for possession of larger amounts to $25. The approved legislation also sealed from public view the criminal records of those convicted of marijuana crimes.

“When it comes to dismantling systemic racism, we have to recognize that criminal justice and economic justice are closely connected,” said Delegate Elizabeth Guzman (D-31, Fauquier, Prince William). ” I would support an equity program to expedite permitting for those who have been incarcerated for marijuana offenses.”

Blacks are three times more likely to be arrested for marijuana possession, today’s report states. However, statistics from a Virginia State Crime Commission report from 2017 note that between 2007 and 2016, more than half of marijuana arrests in Virginia consisted of suspects who were white.

According to the crime commission report, 82% of all arrests between this timeframe were men.

If the drug is legalized, it could bring some $1.2 billion in economic activity to the state, and the commonwealth could rake in as much as $275 million in tax revenue. As many as 12,500 full-time jobs could be created in the industry, most of which would be in the consumer retail business, with others in the manufacturing sector, making edible marijuana food products.

It could take up to five years for the pot market to fully mature in the state, the report suggests.

Currently, Virginia controls the sale of alcohol in its government-run ABC stores. However, since the drug is still illegal at the federal level, a regulatory agency would need to tapped to monitor the sale of the drug in stores and determine where those stores would be located.

“We certainly wouldn’t want to jeopardize any federal funding by selling it in our ABC stores,” said Senator Jeremy McPike (D-29, Prince William County). “And we know there are some neighborhoods where these stores shouldn’t open up.”

McPike said he’ll be working with other legislators to draft a marijuana legalization bill that “has a strong chance” of passing with bipartisan support. “A lot of the negative perception of the drug has faded away over the past decade,” McPike added.