As a longtime cannabis public policy activist who has helped with efforts in both the United States and Europe, one of my favorite cannabis policy topics to discuss with friends on both sides of the Atlantic Ocean pertains to ‘what constitutes adult-use cannabis legalization?’ Leading up to the successful legalization votes in Colorado and Washington State in 2012, and the failed legalization vote in my home state of Oregon during the same year, it was a hot topic within the U.S. activism community.

The legalization measures in all three states during the 2012 election in the U.S. were different, with Oregon’s being based on a ‘regulate cannabis like tomatoes’ approach that would have provided very broad cannabis freedoms, Colorado’s model legalized both home cultivation and recreational sales, and Washington’s model only legalized sales but continued the prohibition on recreational home cultivation.

Having attended activism meetings in all three states at the time, and participated in countless online discussions with fellow activists, there were many activists who felt that only Oregon’s approach of ‘no limitations’ was true legalization. There were also others who felt very strongly that Washington State’s model was not true legalization because it did not permit home cultivation. All of these years later, Washington State still prohibits home cultivation, and many activists still argue that Washington has never truly legalized cannabis for adult use because of it. It is worth noting that Oregon did approve a legalization measure in 2014, which legalized both home cultivation and sales, albeit with limits, unlike tomatoes, which can still be cultivated and sold in Oregon with no limits.

There is now a somewhat similar debate going on in Europe, where a handful of countries have adopted national adult-use reform measures, none of which involve legal national sales due to European Union agreements that prohibit such models. Many cannabis activists in Europe refer to the approved measures in Malta, Luxembourg, Germany, and Czechia as ‘decriminalization’ or ‘partial legalization.’ I respect the opinions of those activists, and they certainly have an argument to make.

Pivoting back to the United States, one state is now the focal point of the time-honored tradition of activists debating what constitutes ‘true legalization.’ Beginning on July 1st, 2021, adults who are 21 or older can possess up to one ounce of cannabis and cultivate up to four cannabis plants at their primary residence in Virginia. However, regulated adult-use cannabis sales remain prohibited.

Aspiring industry members in Virginia were hopeful that this year would finally be the year that legalized sales would be approved, only to have their hopes dashed this week when Virginia Governor Abigail Spanberger vetoed House Bill 642 and Senate Bill 542, which would have laid the foundation for legal recreational sales in Virginia.

“I share the General Assembly’s goal of establishing a safe, legal, and well-regulated cannabis retail marketplace in the Commonwealth. Virginians deserve a system that replaces the illicit cannabis market with one that prioritizes our children’s health and safety, public safety, product integrity, and accountability.” the Governor stated in a press release announcing the vetoes.

“As Virginia pursues a legal retail market, it is critical that we incorporate lessons learned by other states and ensure that our regulatory framework is fully prepared to provide strong oversight from day one. That includes clear enforcement authority and sufficient resources for compliance, testing, and inspections, and robust tools to crack down on bad actors who continue to profit from the illicit market.” she added.

“I greatly appreciate the patrons’ time crafting this important piece of legislation as well as our continued dialogue and collaboration to strengthen this framework ahead of the next legislative session. I remain committed to working with members of the General Assembly, stakeholders, and law enforcement to get this right.” she concluded.

Virginia is not the first state to legalize cannabis cultivation, possession, and use, but not couple it with legalized sales. Vermont became the first state in the U.S. to pass legalization via legislative action instead of the citizen initiative process, having approved the non-sales legalization measure in 2018. It wasn’t until 2020 that a new law that legalized sales was approved, and actual sales did not launch until 2022.

Just as legal sales in Vermont were way overdue by the time the first sale occurred, the same is now true for Virginia. Virginia has even less excuse for the delay, not only because they have now taken longer than Vermont did, but the State of Virginia also has the benefit of learning from the laundry list of other states that have successfully launched their own regulated adult-use sales markets.

Virginia does not need to ‘reinvent the wheel’ like some lawmakers, including Governor Spanberger, seem to think. Legal adult-use sales in Virginia are overdue, and the state will continue to experience an unnecessary opportunity cost until the foot-dragging ends.