HAMPTON ROADS, Va. — Some people consider April 20 the unofficial holiday for celebrating marijuana.
In Virginia, there's been a massive debate about statewide marijuana laws, which have changed in recent years. This has made it confusing for some people to understand what's legal and what's not.
Under current law, Virginia residents ages 21 and older can possess up to four plants per household for personal use and can have up to one ounce of marijuana in their possession.
Additionally, you can share it with other adults over the age of 21, but you're not allowed to use it in public.
However, selling marijuana in the Commonwealth is illegal.
News 3 met with a local businessman, who we are not identifying, who recently pleaded guilty to possession with intent to distribute marijuana.
The case was a bit complicated. Court records reveal that he and his friend were arrested for selling marijuana to undercover police, but when the drugs were tested, much of the evidence did not meet "the legal and scientific qualifications of marijuana, and was thus identified as cannabis.”
The man who was arrested said they were selling Delta-9 that he claimed he thought was legal. However, he also had about two ounces of marijuana on him that he did face charges for.
However, starting July 1, no one will be making money off Delta 8 or 9due to some proposed changes approved by lawmakers.
A bill that passed in the General Assembly makes Delta 8 and 9 products illegal and creates tighter regulations on certain hemp-derived products. Governor Youngkin supports the bill.
JM Pedini is the development director of the National Organization for the Reform of Marijuana Laws(NORML) and serves as the executive director of the state affiliate chapter, Virginia NORML, according to their website.
“The only legal retail access for cannabis in Virginia today is through the state's medical cannabis program,” said the group.
To get medical marijuanain Virginia, you need written certification from a medical professional.
Selling marijuana on the street, including at marijuana pop-up shops, is illegal. They have been operating for at least a year and a half, but recently, law enforcement has been cracking down on them throughout Hampton Roads.
The pop-ups operate like a flea market but sell marijuana, cannabis gummies, and other products. Pedini says the unregulated products distributed at the pop-ups are a cause for concern.
“In the absence of a safe, regulated legal marketplace, Virginia, instead, has a really burgeoning illicit market,” said Pedini.
Others are also worried about the safety of illegally sold products.
“We don’t know what’s in these packages that people are selling. We don’t know where people are getting these things from,” said Massie.
When the state passed laws to permit simple possession of marijuana two years ago, some thought the legalization of recreational marijuana sales would follow suit.
“I think that was the thought with everyone in the state, that the passing of the legislation, as it relates to recreational marijuana, would be swift, and it was not, and has not been as swift as we imagined,” said Massie.
However, he says the laws need to be done right and believes regulation will keep the entire community safer. He said just like food in the supermarket is tested, marijuana should also undergo the same form of regulation.
“This is a really big deal and I think that when something this serious comes into a state for the very first time, it takes a lot of thought,” said Massie.
For some Virginians, including the businessman that got arrested, understanding the state's marijuana legislation has been very confusing.
“[There are] a lot of gray areas. I don’t think it’s really fair how they do some of the things,” he said.
After getting arrested, an ordeal he describes as "shocking and embarrassing," he wants lawmakers to legalize recreational marijuana and make the state's laws clearer to their constituents.
“For me, it was a learning lesson. I wish I didn’t involve myself in any of it,” he said.
Now, the future of marijuana rests in the hands of lawmakers.
“Ultimately, it's up to Governor Youngkin. Does he want policies in place that continue to embolden illicit market activity or is he ready to take marijuana off the street corner and put it behind an age-verified counter?” said Pedini.
