Roanoke Sun

As the proliferation of unregulated marijuana gift shops continues across Virginia, concerns are growing about the safety and legality of these establishments operating in a legal gray area following the state's approval of personal marijuana use without establishing a retail market. Lawmakers and officials grapple with the need for clearer regulations and oversight in this rapidly evolving landscape, according to Cardinal News.   

The Virginia General Assembly approved personal marijuana use in 2021, but did not establish a retail market, leading to the proliferation of shops that gift or share marijuana. These stores are part of a growing trend of cannabis-related retail shops expanding throughout southwest Virginia and other regions, some referred to as marijuana "pop-up shops," although a couple in Bristol and Abingdon have been established for approximately two years, Cardinal News reported.

While some of these stores gift marijuana to customers upon purchasing items like T-shirts, hats, stickers or CBD products, others function as clubs where members share with new members who make purchases or pay for membership, with the quality and quantity of the product determined by the dollar amount spent, according to Cardinal News.

However, these operations exist in a legal gray area due to the lack of regulation, taxation and testing, with some shops claiming to offer in-store testing. Some lawmakers and officials believe establishing a regulated retail market is essential to address safety concerns and curb the illicit market for marijuana in the state, Cardinal News reported.

These shops attracted the attention of Virginia Attorney General Jason Miyares, who recently issued an opinion declaring gifting as illegal amid the ongoing confusion surrounding the state's marijuana laws, Cardinal News said.

Longtime Roanoke Commonwealth Attorney Donald Caldwell expressed his detachment from the proliferation of popup marijuana stores, characterizing the situation as similar to the Wild West, highlighting the lack of restraints and regulation following the legalization of marijuana in Virginia in 2021, according to Cardinal News. 

Despite initial plans to establish a retail market for recreational marijuana, these efforts faltered after the election of Republican Gov. Glenn Youngkin, who has shown little interest in pursuing a retail market, leaving the state's marijuana landscape in uncertainty and limbo, Cardinal News reported.

In Virginia, the legal framework allows for possession of cannabis for personal use at home, cultivation of up to four cannabis plants per household, public possession of up to one ounce for personal use and legal medical cannabis sold through licensed pharmaceutical processors or dispensaries, while also permitting adult sharing of up to one ounce between adults older than 21, as long as no valuable exchange takes place, with the caveat that sharing cannot occur in public places, Cardinal News said.

Three individuals were apprehended at the Let's Grow store July 19 following the execution of a search warrant, and are facing distribution charges in Russell County, Va., as per an official news release by Russell County Commonwealth’s Attorney Zach Stoots, Cardinal News reported. 

The arrests resulted from "controlled marijuana transactions" conducted jointly by the county sheriff's office and Virginia State Police, with subsequent analysis confirming the purchased substance as marijuana, not CBD, leading to prosecution for distribution offenses despite the legality of possessing small quantities of marijuana in the state, Cardinal News said.