Amended cannabis market bill passes despite split among Senate Democrats

OG article by Dean Mirshahi

February 10, 2026

Virginia Senate Bill 542, sponsored by Sen. Lashrecse Aird (D-Petersburg), cleared the Senate Courts of Justice Committee on February 6, 2026, with amendments, advancing toward a retail adult-use cannabis market starting January 1, 2027. Chair Sen. Scott Surovell (D-Fairfax) proposed changes that toughened penalties—elevating first-time illegal sales to Class 1 misdemeanor (up to one year jail, $2,500 fine) from Class 2, and making unlicensed purchases or underage possession Class 1 misdemeanors instead of fines/education. Severe penalties remain for large-scale intent-to-sell offenses (five to 30 years prison). The party-line vote revealed Democratic divisions: Aird criticized the amendments as regressive on racial disparities and decriminalization, while Surovell and supporters like Sen. Creigh Deeds argued they incentivize legal market participation and deter unlicensed activity. Critics including Sens. Jennifer Boysko and Jennifer Carroll Foy opposed harsh sentences’ community impacts, especially on Black Virginians, low-income areas, and youth. Advocates highlighted risks to juveniles. The bill moves to Senate Finance and Appropriations, where further changes are possible, before reconciling with the House version (November 1, 2026 start) via conference committee and review by Gov. Abigail Spanberger. Aird called it disappointing but ongoing.