Blue Ridge Mountain High: Questions Abound on Virginia’s Legalization of Cannabis

By: Tommy Herbert, VAMA Manager of Government Affairs

It’s far out, man. It’s totally chronic. It’s growing like…well, like a weed. The movement for recreational cannabis legalization has continued to grow quickly over the last decade, and has finally set down roots here in the Commonwealth. Much remains undecided regarding how this new legalization method will work in multifamily housing, with questions abounding regarding fair housing and employment, legal liability, and environmental topics like home cultivation. 

Unfortunately, there are not yet many answers. Virginia’s General Assembly agreed to Governor Ralph Northam’s recommendations that simple possession of cannabis up to one ounce per person and the cultivation of up to four plants per person will be legal in Virginia starting on July 1, 2021.

In the context of Fair Housing and reasonable accommodations, Virginia’s cannabis bill is silent. When the broader regulatory framework for the retail industry is contemplated at the 2022 General Assembly Regular Session next January, this and other housing topics will be addressed as well. VAMA is working to advance member perspectives and be a voice in the discussion as that policy crystallizes. Housing providers need an understanding of how to comply and how to balance the responsibilities to residents who use cannabis products medicinally and to those who could be at risk of consequences from that use. 

Regarding the cultivation of cannabis, housing providers have many concerns that range from considerations regarding the smell of growing cannabis, to the water consumption considerations at play, to the legal and health concerns of cultivation in multiple units of a single building. We are continuing to chase down answers to these questions, and unfortunately, in many cases the answers don’t yet exist.

There even come questions about how federal law overlays state law. In a HUD memo from 2014, the federal government makes clear that owners of federally funded properties must “deny admission to any household with a member who the owner determines is, at the time of application for admission, illegally using a controlled substance as that term is defined by the CSA” as required by the Quality Housing and Work Responsibility Act of 1998. The National Apartment Association maintains an overarching policy page on marijuana that you may find helpful. There you can find a fact sheet, a set of federal talking points, and a 50-state chart where you can compare different state cannabis laws.

As Virginia’s policies come into a sharper focus, VAMA will continue to fight for the protection of both residents and housing providers alike and a responsible approach to making the legal use of cannabis a safe prospect for both those who choose to use it and those who don’t. This will be a multi-year effort, and members should be on the lookout for VAMA education and training opportunities in the intervening time as the regulatory framework forms.