Virginia Lawmakers Advance Recreational Marijuana Bills with Key Differences

House and Senate versions must resolve tax rates and start dates before crucial legislative deadline.

Published on Feb. 17, 2026

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Virginia is inching closer to establishing a retail market for recreational marijuana as legislative bills in both the House and Senate advance. However, key differences remain between the two versions, including the start date for sales and the tax rate, which lawmakers must resolve before a crucial legislative deadline this week.

Why it matters

The establishment of a retail marijuana market in Virginia is a significant milestone, as the state moves to join the growing number of states that have legalized the sale and use of recreational cannabis. The outcome of these legislative efforts will have major implications for when Virginians can legally purchase marijuana and how the new industry will be structured and taxed.

The details

The House bill currently has the earliest start date for recreational marijuana sales, slated for November 2026, while the Senate version would delay the start until January 2027. Lawmakers must also reconcile differences in proposed tax rates, with the Senate bill calling for a 17% tax and the House aiming for around 15%. Additionally, the Senate had considered raising the penalties for minors caught buying marijuana to equal the punishment for underage alcohol purchases, but that amendment was later defeated in committee.

  • This Thursday, February 16, 2026, marks the 'Crossover Day' legislative deadline, after which bills must have passed in their original chamber to remain viable for the year.
  • The House bill proposes recreational marijuana sales to begin in November 2026.
  • The Senate version would delay the start of recreational marijuana sales until January 2027.

The players

JM Pedini

Development Director for NORML, a nonprofit organization advocating for the reform of marijuana laws.

Senator Jennifer Boysko

Virginia State Senator representing the 38th District, who opposed amendments to increase penalties for minors caught buying marijuana.

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What they’re saying

“Once we pass that midway point, then the House and the Senate can begin answering those million-dollar questions for Virginians when it comes to marijuana legalization. Most notably, we can answer when sales will begin.”

— JM Pedini, Development Director, NORML (13newsnow.com)

“We have worked diligently over the past many years to decriminalize the use and possession of cannabis and to stop criminalizing people for using it. So I will be opposing the amendments you are proposing today.”

— Senator Jennifer Boysko, Virginia State Senator, 38th District (13newsnow.com)

What’s next

The House and Senate versions of the recreational marijuana bills must be reconciled before the Crossover Day legislative deadline this Thursday, February 16, 2026, in order to continue advancing.

The takeaway

Virginia's efforts to establish a retail marijuana market highlight the ongoing evolution of cannabis laws across the country. The outcome of these legislative negotiations will determine when Virginians can legally purchase recreational marijuana and how the new industry will be structured and taxed, with significant implications for the state's residents and economy.