160 Years for Cannabis and Mushrooms: What Message Does Virginia Want to Send?

by | Dec 9, 2024 | CANNABIS CULTURE, COMMUNITY, CULTURE, NEWS, OPINION & EDITORIAL, SMALL BUSINESS

The case of Dawn Marie Morris, a Louisa County resident and owner of the Charlottesville-based Higher Education smoke shop chain, highlights Virginia’s complex and often contradictory stance on drug laws. While Morris clearly broke the law—particularly by selling psilocybin mushrooms, a Schedule I controlled substance—the severe penalties she faces, including a potential sentence of up to 160 years on February 3, 2025, raise significant concerns about how such laws are enforced.

This case not only exposes inconsistencies in Virginia’s approach to cannabis regulation but also raises questions about why psychedelics like psilocybin remain so strictly regulated, despite shifting public opinion and growing research supporting their potential therapeutic benefits. It sparks a broader conversation about whether such harsh punishments are justified or represent an outdated and excessive response in a state still navigating the complexities of drug policy reform.

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Dawn Marie Morris, owner of Higher Education, on the right

What Happened in Louisa County?

Dawn Morris was recently found guilty of running a farmers market-style drug den, as described by the Louisa Commonwealth Attorney’s Office. The evidence was damning: labeled bags of marijuana, open displays of psilocybin mushrooms, and nearly $100,000 in cash found during searches of her property and residence. A total of $432,000 in assets was seized—a staggering figure that underscores the financial success of her operation but also raises questions about whether her punishment fits the crime.

Authorities described the scene as “brazen” and “poison-peddling”, emphasizing that Morris continued operations despite warnings. These characterizations paint Morris as a hardened drug dealer—a label that seems more fitting for large-scale traffickers rather than individuals capitalizing on the growing demand for cannabis in a state where legalization exists but regulation lags behind.

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Photo Esteban Lopez

Virginia’s cannabis laws are a contradiction: possession and personal cultivation are legal, but sales are not. Under the law:

  • Adults 21 and over can possess up to one ounce of cannabis and grow up to four plants per household.
  • Selling or purchasing cannabis remains illegal, as Virginia has yet to establish a regulated market for recreational sales.
  • Possession of more than one ounce but less than one pound carries a $25 civil penalty, while larger amounts risk criminal charges.

This legal gray area of “Legal to Possess, Illegal to Sell” has led to confusion, with entrepreneurs like Morris operating in what they may see as an informal economy—filling a demand that the state’s stalled regulatory framework has failed to address.

Virginia’s cannabis market was supposed to open in 2024, but political inertia and opposition, particularly from Governor Glenn Youngkin, have left the timeline in limbo. This means cannabis is legal to own but nearly impossible to buy legally—an untenable situation that fosters underground markets and creates opportunities for selective enforcement.

Overzealous Prosecution?

While Morris’ inclusion of psilocybin mushrooms undoubtedly complicates her case, the response from Louisa County officials seems heavy-handed. Commonwealth Attorney Rusty McGuire’s statements—describing Morris as a “drug dealer” who “peddled poison”—lean into outdated rhetoric from the now widely criticized War on Drugs era.

The reality is more nuanced. Morris did not appear to be part of an organized criminal enterprise but instead ran a local operation catering to cannabis users—many of whom likely see marijuana as no different than alcohol, which is sold freely and without stigma across Louisa County. Advocacy groups, including the Virginia Hemp Coalition, called out what they described as a “backwards mindset”, pointing to the hypocrisy of allowing alcohol sales while aggressively prosecuting cannabis entrepreneurs. Their statement below:

“The smaller minded folks in power there … just can’t accept the fact that cannabis is indeed legal and is here to stay in the Commonwealth. While alcohol is everywhere to be seen in Louisa County they think they still have a right to harass folks who choose to partake in plant medicine,” the group said. “Dawn is facing jail time all because of this backwards mindset in Louisa County. She obviously does not deserve to be locked in a jail cell and is not a danger to the community. This would also waste more taxpayer dollars. Dawns story shows us there is still much work to do to right the wrongs of the misguided and corrupt war on cannabis by small minded, willfully ignorant powers that be in our Commonwealth of Virginia.”

This is not to say laws were not broken—Morris knowingly engaged in illegal sales, particularly with the mushrooms. However, a 160-year maximum sentence (even if symbolic) and the forfeiture of over $400,000 in assets may strike many as punitive, particularly as Virginia’s cannabis policies are in transition.

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Photo Esteban Lopez

A Changing Tide in Public Opinion

Public opinion in Virginia reflects a growing acceptance of cannabis use. Polling consistently shows strong support for regulated recreational cannabis markets, and many urban areas—including nearby Charlottesville—have embraced legalization. Louisa County’s more conservative approach represents a stark contrast and reinforces the uneven enforcement of cannabis laws across the state.

Cases like Morris’ expose the consequences of an incomplete legalization framework. By criminalizing the sale of a product many residents are legally allowed to possess, the state inadvertently drives small operators into underground markets while denying communities the benefits of a regulated industry—such as tax revenue, safety oversight, and job creation.

The Path Forward

Virginia must address the contradictions in its cannabis laws. The lack of a legal marketplace creates the conditions for cases like Morris’ to occur, where individuals are prosecuted harshly for attempting to meet a demand that the state itself has acknowledged is legitimate.

While laws were broken, the scale of the response in Morris’ case—describing her as a poison dealer and seizing hundreds of thousands of dollars—risks being perceived as disproportionate. The prosecution’s tone reflects a reluctance to accept what is clear to most Virginians: cannabis is here to stay.

As Virginia wrestles with the unfinished business of cannabis regulation, Morris’ case serves as a reminder of the urgent need for reform. Until the state establishes a functional legal market, entrepreneurs will continue to operate in gray areas, and cases like this will raise uncomfortable questions about fairness, priorities, and justice.

For now, Morris’ story stands as a cautionary tale—but also as evidence that Virginia’s cannabis policies remain deeply flawed and incomplete.

For more information on marijuana laws, visit Virginia Hemp Coalition HERE and Decrim VA HERE.
Main photo by Matteo Paganelli

R. Anthony Harris

R. Anthony Harris

In 2005, I created RVA Magazine, and I'm still at the helm as its publisher. From day one, it’s been about pushing the “RVA” identity, celebrating the raw creativity and grit of this city. Along the way, we’ve hosted events, published stacks of issues, and, most importantly, connected with a hell of a lot of remarkable people who make this place what it is. Catch me at @majormajor____




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