What’s Next with Nicole is a biweekly opinion column. The views expressed are solely the author’s.
There is one thing I have found that my libertarian Republican and social justice Democrat friends can mostly agree on — it is high time Virginia passes marijuana reform.
It is my opinion that: 1) marijuana should be governed similarly to alcohol, legal at age 21; 2) doctors at hospitals or assisted living facilities should be able to administer prescriptions to anyone; and 3) we should create an automatic expungement process for people previously convicted over 21 and have a clear path to expungement for those under 21 for both marijuana and alcohol.
Right now the legislature is favoring bills HB 972 by Del. Charnell Herring (D), and SB 2 by Arlington state Sen. Adam Ebbin (D), both supported by Governor Northam (I will refer to these as “the favored bills”). In the favored bills, jail time is eliminated, a reduced civil fine of $50 is implemented, the possession amount to be charged would increase from half an ounce to one ounce, and an expungement path would be created.
These are good first steps, but we can and should do more.
Decriminalization vs. Legalization
The favored bills would decriminalize, not legalize, marijuana possession for adults. While a step in the right direction, I believe this is a missed opportunity.
Perpetuating an underground marketplace for sale is bad policy for two reasons. First, the government cannot impose a sales tax on something that should be a known transaction. In Colorado after just 5 years of legalization, the state has collected over $1 billion in tax revenue. Second, selling on the black market provides opportunity for marijuana to be mixed with harmful substances and makes it difficult for consumers to understand the breakdown of THC vs. CBD in their product, to the detriment of public health.
HB 1507 introduced by Del. Jennifer Carroll Foy (D) and supporters by Arlington’s Del. Patrick Hope (D), would support legalization.
Medical Marijuana
There are currently only five facilities, one in each region of Virginia, that can administer medical marijuana. HB 347 by Del. Glen Davis (R) would allow for two facilities in each region, and SB 185 by state Sen. Siobhan Dunnavant (R) would allow nursing homes and assisted living facilities to administer cannabidiol and THC-A oil.
Again, while these are steps in the right direction, this will not do enough to fight the opioid epidemic. I am surprised by a lack of movement here by Democrats.
Expungement
The favored bills would allow a person to petition for expungement after fines have been paid. If we are just going to decriminalize, this seems inherently discriminatory to those who cannot afford a lawyer and an unnecessary bureaucratic hurdle that should just be an automatic process. This automatic expungement for marijuana offenses and underage alcohol possession would be tackled in SB 289 by Sen. Creigh Deeds (D), and SB 306 by Sen. William Stanley (R).