Through inaction as much as intention, Virginia is in the midst of launching a second War on Drugs aka THE WAR ON PEOPLE. Failure to complete the process of marijuana decriminalization that we started in 2021 is empowering both police and the public to continue the same dangerous patterns that marked decades of disastrous drug policy.
But with no market established, the people of Virginia have instead proliferated a thriving local culture of pop-up stores, operating openly but without regulatory oversight. In event spaces, tobacco shops, and formerly vacant storefronts across the state, these pop-ups can open for a short time from word-of-mouth advertising, and then move on.
For three and a half years, it has been legal for adults to cultivate, possess and consume marijuana in Virginia. There has been no legal way to buy it without a medical card and no way to sell it unless you’re part of the corporate-owned medical marijuana industry. By repealing the prohibition on growing and possession in 2021, state lawmakers officially recognized the decades of damage done to communities by bad drug policy and enforcement—the failed “War on Drugs” that led to a generation of young men incarcerated. Yet, there is no cannabis champion in office nor on the campaign trail, therefore the Commonwealth is failing to take the logical next step needed: creation of a regulated market.
This failure is making our communities less safe by making small businesses vulnerable to both police and robbery raids, not providing tested cannabis products that may contain pesticides and heavy metals that are not safe for consumption, and removing potential revenue from communities disproportionally impacted by the war on drugs. The longer we wait to solve the problem, the worse it’s getting. And over the last couple of weeks, we’ve seen just how vulnerable these small businesses are, to both police raids and to robberies.
Take the example of Dawn Marie Morris, a 51-year-old white woman now facing an unbelievable life sentence in prison after being convicted earlier this month of allegedly running a weekly cannabis pop-up store in Charlottesville. Despite no history of violence or health problems, local police and prosecutors ran an extensive investigation against this small business owner for selling something that is legal to possess. Richmond police announced a similar raid of a pop-up store last week.
Targeted by police instead of protected by them, these operators are forced to service consumers without the security and safety that other small businesses enjoy. Robberies at these stores have become a regular problem, and just days ago, a man was murdered inside a community pop-up in Richmond. (Although media reports have not identified the business, several sources in the community confirmed to me that it was a well-known cannabis pop-up.) In states with a regulated market, cannabis stores are often required to have on-site security, and a security plan to store regulated products, and marketing, packaging, labeling and advertising requirements to reduce youth consumption – Virginia deserves the same safety precautions. But right now, Virginia pop-ups struggle to provide safe access to their customers, staff given their unregulated status, proliferating the notion that these business ventures are more risky and the clientele and neighbors around these businesses are less safe.
All of this adds up to a worsening safety crisis for Virginia’s adult consumers and business owners—a depressing and frightening return to police and community violence that we’ve seen before.
Democratic leaders, who control the legislature, have been skittish about pushing new cannabis legislation after Republican Governor Glenn Youngkin vetoed the most recent bill to establish a regulated market. But it’s neglectful to do nothing while these problems in our neighborhoods get worse.
Next month, lawmakers should consider a targeted proposal that allows marijuana growers to set up regulated, farmers’-market-style pop-ups to sell dried marijuana flower. This “growers’ market” bill would solve many of the governor’s stated objections about the marketing of edibles and oils to youth and the establishment of permanent stores, while taking advantage of a business model that is already proving to be in high demand in Virginia.
Regulating a growers’ market would allow pop-up models to integrate with the community and public oversight. Health standards for adult-use sales of cannabis products would be established in addition to mandated security measures. Tax and tourism revenue would flow to both state and local governments that could be directed to community reinvestment grants..
Virginians always have—, and always will— participate in a cannabis industry. We must continue the intentional process of decriminalization that we began in 2021, a process that recognized the harm done to communities by past drug policy and the need to include harmed communities in a new, regulated, adult-use economy. A growers bill would not be the end of that process — but it could be an important step forward by finally creating a safer, more secure way for adult consumers to buy tested products.
It’s not just good policy, it’s smart politics for the top of any ticket in Virginia. November’s presidential election proved that neither party can rely on the automatic support of either Black or working-class voters. The War on Drugs 1.0 was devastating to Black and poor communities. The sequel, post “legalization,” so far seems to be no different. Pushing forward on creating an equitable, regulated market during next month’s legislative session would send an important signal to those voters that current and future decision makers understand what’s really going on in these communities and will fight for them.
A solution may not be easy — but doing nothing is no longer a viable option. Our leaders need to figure out a way on adult use regulation, sales and revenue or we risk undoing all the progress we’ve made towards unraveling the war on drugs.
Chelsea Higgs Wise is the co-founder and executive director of Marijuana Justice.
Photo: Protestors at an anti-War on Drugs march. | Dublin City University
