Virginia will not legalize marijuana, talks of decriminalization underway

Updated: Feb. 6, 2020 at 11:19 PM EST
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RICHMOND, Va. (WWBT) - This year, Virginia will not join the list of states that have legalized marijuana but the idea of decriminalizing possession is gaining momentum. This week, a committee voted to send the proposal to the House of Delegates. Friday, lawmakers will begin debating it.

It’s become the topic of conversation in the Commonwealth. Will the General Assembly, made up of a majority of Democrats, reform Virginia’s marijuana laws? Right now, a person who is found with half an ounce of the drug can be jailed for up to 30 days and/or fined $500. The second time it happens, jail time is increased up to a year and the fine increases up to $2,500.

"The amount of arrests and prosecutions of African-Americans with simple marijuana possession is 3x that of their white counterparts,” said Delegate Charniele Herring. Herring believes the penalty of the misdemeanor offense is having a negative impact on far too many. "It ends up on your criminal record. It can affect employment, as well as getting housing,” she added.

It’s why the majority leader proposed House Bill 972. That would strike any jail time for having half an ounce of marijuana. Offenders would only have to pay a $25 penalty. Those who want marijuana legalized have issues with that proposal.

The ACLU says it’s “not enough”. The group believes it contributes to over-incarceration if an offender can’t pay the $25 penalty. Right now, Virginia lawmakers sent the idea of legalization to a non-partisan committee to study, and Herring says that the study could take a year. The results may give lawmakers guidance on whether they want to re-visit legalization in 2021.

"If we could have a good regulatory environment for it and make sure that we are protecting the public safety, I have no opposition to legalization, but that’s why we sent it to a study to make sure we have the proper construct,” Herring added.

Here are the numbers for marijuana arrests in Richmond over the past six months from the Richmond Police Department:

  • Jan. 2020 - 67
  • Dec. 2019 - 82
  • Nov. 2019 - 73
  • Oct. 2019 - 58
  • Sept. 2019 72
  • Aug. 2019 - 91

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