The marijuana legalization debate moved into the mainstream of Virginia politics this week when Gov. Ralph Northam announced he’ll propose legislation in January allowing recreational use of the drug.
As lawmakers begin to seriously consider what a legal marijuana market might look like in Virginia, here’s a preview of some of the looming policy decisions identified by Virginia’s Joint Legislative Audit & Review Commission, which recently released a 200-page report on the issue.
1. Should past weed convictions be expunged?
Uneven enforcement of marijuana laws has been a primary driver in the push for legalization here. The report’s authors found Black Virginians were 3.5 times more likely to be arrested for simple possession than Whites despite using the drug at the same rates.
Many states that have already legalized the drug have also allowed expungement of past convictions that are no longer crimes, namely simple possession by an of-age adult, and Virginia’s study concluded that expunging past convictions would go far to address racial inequality associated with marijuana enforcement by lifting barriers to employment and housing.
The reviewers cautioned that the process should be automatic and not subject to additional limitations, citing experience in Illinois where lawmakers limited expungement to possession of less than 30 grams that were not committed in conjunction with a violent offense — rules they said ended up being cumbersome to administer.
2. How will police handle driving-while-intoxicated offenses?
The review predicts that legalization wouldn’t substantially impact law enforcement workloads one way or the other, finding that few departments prioritize marijuana investigations and estimating that statewide officers spend less than a tenth of a percent of their time on the issue.
But more widespread use of the drug does raise questions about how to enforce driving while intoxicated laws, according to the report, which notes that, unlike with alcohol, there’s no way to scientifically measure impairment because blood tests for THC content are considered unreliable. (The report notes marijuana use is increasing already and the state will have to deal with the issue with or without legalization.)
They suggest the issue could be addressed with drug recognition training, which few officers currently have. They also suggested new laws discouraging consumption in cars by prohibiting use and open containers in passenger areas.
3. Should the state try to stop big corporations from dominating the market?
Some lawmakers have expressed a desire to keep big, out-of-state companies from dominating the new market. The report says Virginia could discourage the trend by prohibiting single companies from holding cultivation, processing and retail licenses.
The trade-off, researchers wrote, would be a less efficient marketplace with slightly higher prices. But more expensive products wouldn’t necessarily be a bad thing, they said, because higher prices would help keep products away from youth users and discourage overconsumption.
They also suggested the state could encourage small businesses to join the marketplace by allowing unlimited licenses for small producers, who could sell their own products, functioning like breweries do today (minus…
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