The Fight Over Who Gets to Sell Weed

by | Jun 9, 2026 | CANNABIS CULTURE, COMMUNITY, CULTURE, EDITORIAL, SMALL BUSINESS, VIRGINIA POLITICS

A recent report by Radio IQ suggests Virginia lawmakers are once again inching toward a legal recreational marijuana market, this time through the state budget process. Following Governor Abigail Spanberger’s veto, Senate Democrats have threatened to fold retail cannabis legislation into the state budget itself, raising the stakes ahead of next month’s budget negotiations.

At first glance, that sounds like another story about whether Virginia should legalize weed, but most of the major players appear to agree that recreational marijuana sales are eventually coming. The next phase of this now years long debate has shifted to the details of who gets to sell it. More importantly, what is each faction willing to compromise to secure a piece of the market, if they can secure one at all?

At this stage, nobody is likely to get everything they want. Any budget deal will require enough powerful interests to walk away believing they secured a meaningful victory. What each stakeholder stands to gain, what they may have to sacrifice, and what compromises will ultimately be necessary to get a deal across the finish line will determine who gets a seat at the table when Virginia’s cannabis market finally arrives.

Team Abigail: Regulation and Political Cover
Governor Abigail Spanberger inherited a cannabis debate she did not create, but she now owns the political consequences. While the governor has stated she supports a regulated legal cannabis market, her proposed amendments revealed a significant philosophical divide between her office and many legalization advocates.

Spanberger’s amended bill would have reduced the number of retail licenses, delayed implementation, increased taxes, and added several new criminal penalties. Among the most controversial changes were replacing the existing $25 civil penalty for public consumption with a Class 4 misdemeanor and ccreating a Class 2 felony for transporting 50 pounds or more of cannabis into Virginia for sale or distribution.

Supporters argued the changes would create a more orderly, regulated, and enforceable marketplace. Critics viewed them as a step backward, arguing that some provisions reintroduced criminal penalties that ran counter to the goals of legalization.

What Team Abigail Wants:
– A tightly regulated market.
– Strong testing and tracking requirements.
– Youth protections.
– Impaired driving enforcement.
– Greater law enforcement authority.
– Clear regulatory oversight.

What They May Give Up:
– Some proposed criminal penalties.
– Restrictions on market access.
– A slower rollout schedule.
– Certain law-enforcement priorities opposed by legalization advocates.

The likely compromise is not whether marijuana becomes legal. It is how much enforcement language survives the final negotiations. The battle between Team Abigail and legalization advocates may ultimately come down to a single question: where does regulation end and recriminalization begin?

Team Louise: Big Cannabis Wants Its Payday
If Team Abigail is focused on regulation, Team Louise is focused on building a functioning cannabis industry.

Virginia Senator Louise Lucas has been one of the most influential voices behind marijuana legalization in Virginia. She has also publicly acknowledged an ownership interest in a cannabis retail business, giving her a direct financial stake in how the state’s cannabis market ultimately develops.

For Lucas and many of the state’s existing cannabis operators, legalization without retail sales has created an awkward limbo. Virginia legalized possession years ago, yet the legal marketplace remains incomplete. Meanwhile, hemp retailers, smoke shops, and other businesses have stepped into the vacuum.

The medical cannabis industry has spent years investing in licenses, facilities, compliance systems, security requirements, testing standards, and regulatory oversight. Existing operators argue they followed the rules, made substantial investments, and should be rewarded for taking the early risks associated with a heavily regulated industry.

What Team Louise Wants:
– A functioning adult-use cannabis market.
– Early access for existing operators.
– License conversion pathways.
– Regulatory certainty.
– Protection from a flood of new competition.
– A marketplace that favors businesses already operating within Virginia’s cannabis system.

What They May Give Up:
– Complete control of the marketplace.
– Exclusive access to adult-use sales.
– Some licensing opportunities reserved for new entrants.
– Certain regulatory concessions demanded by Team Abigail.

The likely compromise is that existing cannabis operators receive significant advantages when recreational sales begin. The question is how significant those advantages become. Critics argue this risks creating an industry dominated by a handful of well-positioned businesses while limiting opportunities for independent entrepreneurs and future competitors. Supporters counter that the companies already operating in Virginia followed the state’s rules, invested millions of dollars, and deserve a head start.

If there is one faction most likely to emerge from a legalization deal with a stronger market position than it has today, it is the existing medical cannabis industry. The challenge for lawmakers will be deciding how much of that advantage is enough.

The Virginia Legislature: Delivering a Win
Many legislators simply want to end the strange situation Virginia created several years ago. Adults can legally possess marijuana but have very limited legal options for purchasing it.

What The Legislature Wants:
– A market they can point to as functional.
– Tax revenue.
– Political closure on a years-long debate.
– A deal that survives the governor’s review.

What They May Give Up:
– Some lawmakers will disappoint hemp advocates.
– Some lawmakers will disappoint cannabis advocates.
– Some lawmakers will disappoint local governments.

Their goal is not perfection, it is passing something.

Small Business Hemp: Waiting for a Seat at the Table
No group appears more nervous right now than Virginia’s hemp industry. For years hemp-derived THC products have filled the gap created by the absence of a legal recreational marijuana market. Thousands of entrepreneurs invested in stores, brands, suppliers, distribution networks, and customer bases while operating under Virginia’s hemp laws.

Publicly, many hemp operators argue they simply want to preserve their ability to continue selling hemp-derived products. Privately, however, many entered the industry with the expectation that Virginia would eventually create a legal adult-use cannabis market, and in many ways, hemp became the waiting room for legalization. The problem is that the businesses that spent years preparing for that future may not automatically receive a place in it.

Current proposals envision a limited number of cannabis licenses. With more than a thousand hemp operators potentially competing for only a few hundred available licenses, many businesses fear they could spend years building cannabis-adjacent companies only to watch existing operators receive preferential access when the real market finally arrives.

What Small Business Hemp Wants:
– Continued ability to sell hemp-derived THC products.
– A clear pathway from hemp to cannabis licensing.
– Recognition of the investments already made by hemp businesses.
– Access to adult-use licenses.
– Protection from being shut out of the market entirely.

What They May Give Up:
– THCA flower outside licensed cannabis channels.
– Hemp-derived THC beverages sold through traditional retail outlets.
– Certain intoxicating hemp products.
– Sales through convenience stores, smoke shops, and other non-cannabis retailers.
– Parts of the current hemp marketplace.

The hemp industry’s biggest fear is not necessarily regulation. It is exclusion. Many operators accepted the uncertainty of the hemp market because they believed it was positioning them for eventual cannabis legalization. If the final legislation favors existing medical operators while forcing hemp businesses into a crowded licensing lottery, some entrepreneurs may find themselves on the outside looking in at the very market they spent years preparing to enter.

Big Alcohol: Control the Distribution
The alcohol industry may not be the loudest voice in Virginia’s cannabis debate, but it could become one of the most influential. THC-infused beverages are among the fastest-growing segments of the cannabis industry. For consumers, they offer an alternative to beer, wine, and spirits. For the alcohol industry, they represent competition.

What makes THC beverages particularly interesting is that they blur the line between two heavily regulated industries. Are they cannabis products? Beverage products? Both?

The answer determines who gets to manufacture them, distribute them, stock them, and profit from them. The modern alcohol industry operates through a highly structured system dominated by a relatively small number of large producers, distributors, and retail networks. That system has been built over decades and controls the movement of billions of dollars worth of products every year. THC beverages threaten to create a parallel market outside that structure.

What Big Alcohol Wants:
– Distribution rights for THC beverages.
– Regulatory rules similar to alcohol.
– A level playing field with cannabis companies.
– Market access to a growing consumer category.
– Protection from unregulated competitors.

What They May Give Up:
– Exclusive control over intoxicating beverages.
– The assumption that alcohol is the default recreational product.
– Market share among younger consumers increasingly interested in cannabis alternatives.

The real fight may not be whether THC beverages are legal. It may be whether they are treated like cannabis products or alcohol products. If they are regulated through cannabis channels, licensed dispensaries and cannabis operators stand to benefit. If they are allowed to move through existing alcohol distribution networks, some of the largest players in the beverage industry could quickly establish a dominant position.

There is also a third possibility and that is acquisition. Large beverage companies have a long history of buying emerging competitors rather than fighting them. If THC beverages continue to grow, some of today’s small cannabis beverage brands could become tomorrow’s acquisition targets.

For Big Alcohol, the goal is not necessarily stopping THC drinks. The goal is making sure they do not grow into a major industry without big alcohol’s participation and controls.

Vape Shops: The Accidental Villain
If there is one group that may have the least leverage in the current negotiations, it is Virginia’s vape shops. Over the last several years many vape retailers expanded aggressively into hemp-derived THC products, becoming one of the primary outlets for intoxicating cannabinoids throughout the state. For some stores, these products evolved from a side business into a major source of revenue.

But in the process, vape shops have become the industry’s easiest political target.

Many of the concerns now being cited by lawmakers and regulators stem from products commonly found in smoke shops and vape stores: inconsistent testing standards, confusing labeling, synthetic cannabinoids, youth access concerns, and intoxicating products being sold outside Virginia’s medical cannabis system. Not every retailer engaged in those practices and most operators followed the law as it existed. But a handful of bad actors helped create a public perception problem for the entire industry. In many ways, vape shops became the face of a marketplace lawmakers increasingly felt they were not controlling.

What Vape Shops Want:
– Continued access to hemp-derived THC products.
– Minimal new licensing requirements.
– The ability to continue selling intoxicating cannabinoids.
– Protection from being excluded from the adult-use market.

What They May Give Up:
– THCA flower.
– Intoxicating hemp beverages.
– Significant portions of current revenue.
– Access to the cannabis market altogether.

The uncomfortable reality for many vape retailers is that they may have spent years building a business model around a regulatory loophole that lawmakers now appear determined to close.

Unlike hemp operators who view themselves as future cannabis businesses, vape shops may find themselves without a clear path into the adult-use market. If legislators decide intoxicating cannabis products should only be sold through licensed cannabis channels, vape shops could emerge as one of the largest losers in the final compromise.

Ironically, the industry’s rapid growth may have contributed to its own problems. The more visible vape shops became as sellers of intoxicating cannabis products, the easier they became for regulators to identify as a target for reform.

Big Tobacco: Waiting for the Shakeout
Unlike many of the other players in Virginia’s cannabis debate, Big Tobacco does not need to win the first round. It may not even need a seat at the table. Large tobacco companies possess something that many future cannabis operators do not and that is capital. They can afford to wait while lawmakers create a market, entrepreneurs fight for licenses, businesses compete for customers, and weaker operators fail.

Because in many states that have legalized cannabis, the most valuable asset eventually becomes the license itself. That is particularly true in systems that prioritize social equity applicants, formerly incarcerated individuals, or other groups that may successfully obtain licenses but lack the capital necessary to launch, operate, and scale a cannabis business. Winning a license and building a successful company are often two very different things.

As a result, many early license holders eventually seek outside investors, operating partners, or acquisition opportunities. That is where large corporations traditionally enter the picture.

What Big Tobacco Wants:
– A stable regulatory framework.
– Predictable licensing rules.
– Opportunities for investment and acquisition.
– Market consolidation.
– Time.

What They May Give Up:
– First-mover advantages.
– Early market share.
– Participation in the initial licensing process.

Unlike hemp operators, medical cannabis companies, and retailers, Big Tobacco does not need to worry about getting one of the first licenses. Its strategy may be much simpler: let the market form, let entrepreneurs spend the money, let operators compete, let failures occur, then buy the winners.

If Virginia eventually creates a recreational market, the first battle will be over who receives licenses. The second battle will be over who survives. The third battle may be over who gets acquired. History suggests large corporations are often more interested in the third battle than the first two. The irony is that some of today’s most passionate arguments about who deserves a license may ultimately matter less than who possesses enough capital to remain standing five years later.

So What Happens Next?
The answers will determine far more than whether Virginians can legally purchase marijuana. They will determine who controls the industry’s licenses, distribution networks, retail shelves, and future profits.

For the people negotiating behind closed doors, those stakes are enormous.

For the average Virginian, this may be much simpler. The funny part is that after years of legislation, lobbying, and political maneuvering, legalization may have very little impact on where a lot of Virginians actually buy their weed.

You still have your guy’s number.


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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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